Multistate Bar Examination Practice Question

A defendant is on trial for robbery. During the trial, the prosecution seeks to introduce evidence that the defendant was carrying a handgun when arrested two weeks after the alleged robbery. The prosecution argues that this shows the defendant’s capacity to commit the crime. The defendant objects, arguing that the evidence should not be admitted. What is the trial court MOST likely to consider when deciding whether to admit the evidence?

  • Whether the handgun is connected directly to the robbery charged in the case.

  • Whether the handgun is relevant to establishing the defendant’s identity as the perpetrator of the robbery.

  • Whether the handgun's probative value is substantially outweighed by the potential to unfairly prejudice the jury.

  • Whether the handgun is admissible under the rules for admission of real evidence.

Multistate Bar Examination
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