Can a defendant admit evidence of a prior criminal record to prove his motive?
MultiRegion, United States of America
The following excerpt is from Harris v. Carey, No. CIV S-08-CV-2333 CHS (E.D. Cal. 2011):
Defendant also argues the evidence could not be admitted to show motive, but we disagree with this assertion as well. To be admissible as proof of motive, evidence of a prior offense must have a direct relationship to the charged offense. The evidence is admissible because the prior offense explains why the defendant committed the charged offense. (People v. Daniel (1991) 52 Cal.3d 815, 856-857.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In determining whether to depart upwards under Section 4A1.3 of the Criminal Code, can a defendant's prior arrest record be used to determine if they have a criminal record? (MultiRegion, United States of America)
Is a minor criminal offence included in the criminal history of a defendant in the Criminal History of the Criminal Code? (MultiRegion, United States of America)
Does Rule 404(b) of the Criminal Code allow evidence of other crimes, wrongs or acts to be admitted for purposes other than showing a defendant's criminal propensity? (MultiRegion, United States of America)
How does a defendant's criminal record affect the integrity of his criminal record? (MultiRegion, United States of America)
Does Rule 404(b) of the Criminal Code allow evidence of other crimes, wrongs or acts to be admitted for purposes other than showing a defendant's criminal propensity? (MultiRegion, United States of America)
When counting criminal convictions for career offender purposes under section 4A1.2 of the Criminal Code, is the criminal conviction of a career offender included in the criminal record calculation? (MultiRegion, United States of America)
What evidence is admitted to prove motive in a criminal case? (MultiRegion, United States of America)
What is the test for determining whether a defendant has a criminal history of criminal conduct under the Montana Criminal Code? (MultiRegion, United States of America)
What is the impact of prior criminal convictions on a defendant's criminal history category? (MultiRegion, United States of America)
Is there any case law where a defendant has admitted admitting to a criminal conspiracy? (MultiRegion, United States of America)
