Can Prosecutors use Spreigl Evidence Against You in Minnesota Criminal Court?

If you are charged with a crime in Minnesota, one of the concerns you should always have is whether any prior crimes or bad acts could be used against you to help convict you on the current charge.  While the Rule excluding such evidence sounds promising, the exceptions can sometimes be so much as to make the rule meaningless. This is called Spreigl Evidence and can be found under Minnesota Rules of Evidence 4040b. If you are facing serious criminal charges sit down with an experienced Minnesota criminal defense attorney.

“The concern is always the same: Once a Bad Guy, Always a Bad Guy”

What Exactly is Spreigl Evidence and How Does it Work?

According to the Minnesota Rules of Evidence 404b, evidence of prior bad acts generally “is not admissible to prove the character of a person in order to show action in conformity therewith.” In other words, this means bringing evidence in to show that you have a bad character and then using it to to argue that you likely committed this crime based upon that bad character. This is often called Spreigl evidence in Minnesota. However, Spreigl evidence may be admissible to prove other things.

The State can’t offer to admit the prior acts to show bad character but if they can successfully argue that they have a different reason for offering it, a Minnesota Judge may admit it. The Exceptions to the General Rule frequently include:

• Motive;

• Opportunity;

• Intent;

• Preparation;

• Common scheme or plan;

• Knowledge;

• Identity; or

• Absence of mistake or accident.

In order to get this evidence in, the state must still comply with some procedural safeguards. It should also be noted hear the there is an exception for domestic and relationship cases which apply a different standard.

Can the Government Still Get in Your Criminal Record or Prior Bad Acts?

In Minnesota criminal cases, in order for the government to be able to use prior crimes or prior bad acts against you using these exceptions, the Minnesota Supreme Court has developed a five-step process to determine whether to admit Spreigl evidence:

• The State must give notice of intent to admit Spreigl evidence;

• State must clearly indicate what the evidence will be offered to prove;

• There must be clear and convincing evidence that defendant participated in the prior act;

• Evidence must be relevant and material to state’s case; and

• Probative value of evidence must not be outweighed by its potential for unfair prejudice.

The problem is, if course, the court allowing this evidence in and calling it something else won’t necessarily stop the jury from using it as character evidence regardless and saying “once a bad guy, always a bad guy.”  The response from the court is to use a cautionary instruction to tell the jury not to do this.

“Will a cautionary instruction help from the court or will it have the opposite effect?”

If you are facing serious criminal charges in Minnesota and the state may try to use prior bad acts or crimes against you, knowing the law and knowing how to argue it can make all of the difference. Contact an experienced Minnesota criminal defense attorney.

Jack Rice is a former Minnesota prosecutor, a former CIA Officer, a Board Certified Criminal Law Specialist and the Founder of Jack Rice Defense.  Contact Jack Rice Defense for a free confidential consultation of call 651-447-7650 or 612-227-1339.