Can a defendant defend against criminal charges by presenting evidence of third party culpability?

California, United States of America


The following excerpt is from People v. Moore, A156415 (Cal. App. 2020):

"An accused may defend against criminal charges by showing that a third person, not the defendant, committed the crime charged. He has a right to present evidence of third-party culpability where such evidence is capable of raising a reasonable doubt as to his guilt of the charged crime." (People v. Mackey (2015) 233 Cal.App.4th 32, 110.) " ' "[T]o be admissible, evidence of the culpability of a third party offered by a defendant to demonstrate that a reasonable doubt exists concerning his or her guilt, must link the third person either directly or circumstantially to the actual perpetration of the crime. In assessing an offer of proof relating to such evidence, the court must decide whether the evidence could raise a reasonable doubt as to defendant's guilt and whether it is substantially more prejudicial than probative under Evidence Code section 352." ' In other words, courts treat third party culpability evidence ' "like any other evidence: if relevant it is admissible," '

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provided it is not otherwise rendered inadmissible by statute, and ' "unless its probative value is substantially outweighed by the risk of undue delay, prejudice, or confusion." ' We review the trial court's ruling for abuse of discretion." (People v. Young (2019) 7 Cal.5th 905, 937.)

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