if the fact that the defendant committed the act is proven by a preponderance of the evidence. 108 S. Ct. at 1500. The Court said that the Rules of Evidence are not structured in this manner and that evidence may only be excluded on the basis of prejudice, confusion, or waste of time. 108 S. Ct. at 1500, citing Fed. R. Evid ยง 404(b), Advisory Committee Notes.
The Court held that evidence under Rule 404(b) can only be admitted if it is relevant, and it is relevant only if a jury could reasonably conclude that the act occurred and that the defendant was the actor. 108 S. Ct. at 1501. Citing Rule 104(b), the Court said that the trial court must examine all of the evidence in the case and decide whether the jury could reasonably find the conditional fact by a preponderance of the evidence. 108 S. Ct. at 1501.
The question concerns the issue of the defendant taking the witness stand during trial. If the defendant takes that stand, will the government have a better chance of admitting evidence of the defe
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