Doctrine of Chances

In law, the doctrine of chances is a rule of evidence that allows evidence to show that it is unlikely a defendant would be repeatedly, innocently involved in similar, suspicious circumstances.

Normally, under Federal Rule of Evidence 404, evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith.

Using the doctrine of chances allows a prosecutor to admit evidence of prior "accidents" that can persuade a jury that prior incidents are so similar that it is very improbable that the case at bar is actually accidental.

The doctrine of chances was first developed by English courts in the case Rex v. Smith, 11 Cr. App. R. 229, 84 L.J.K.B. 2153 (1915), better known as the "brides in the bath murder". In this case the defendant was accused of murdering his wife by drowning her in a bath. The defendant claimed that his wife had fainted in the bath. The prosecutor sought to include evidence in the trial that the defendant's two previous wives had both died in the same way. The evidence was allowed.

Famous quotes containing the words doctrine of, doctrine and/or chances:

    The doctrine of those who have denied that certainty could be attained at all, has some agreement with my way of proceeding at the first setting out; but they end in being infinitely separated and opposed. For the holders of that doctrine assert simply that nothing can be known; I also assert that not much can be known in nature by the way which is now in use. But then they go on to destroy the authority of the senses and understanding; whereas I proceed to devise helps for the same.
    Francis Bacon (1560–1626)

    When the doctrine of allegiance to party can utterly up-end a man’s moral constitution and make a temporary fool of him besides, what excuse are you going to offer for preaching it, teaching it, extending it, perpetuating it? Shall you say, the best good of the country demands allegiance to party? Shall you also say it demands that a man kick his truth and his conscience into the gutter, and become a mouthing lunatic, besides?
    Mark Twain [Samuel Langhorne Clemens] (1835–1910)

    Brigid: You’re not ...
    Sam Spade: Yes, angel. I’m gonna send you over. But chances are you’ll get off with life. That means if you’re a good girl you’ll get out in twenty years. I’ll be waiting for you. If they hang you, I’ll always remember you.
    John Huston (1906–1987)