Can a defendant introduce evidence of uncharged misconduct to prove he or she is a person of bad character or criminal disposition?

MultiRegion, United States of America

The following excerpt is from George v. Almager, 674 F.Supp.2d 1160 (S.D. Cal. 2009):

California Evidence Code 1101(a) generally prohibits introducing evidence a defendant committed acts, other than those charged, to prove he or she is a person of bad character or has a criminal disposition. Evidence Code 1101(b), however, allows introduction of such evidence to prove issues such as identity, intent, motive, and lack of mistake or accident. People v. Kipp, 18 Cal.4th 349, 369, 75 Cal.Rptr.2d 716, 956 P.2d 1169 (1998). Nevertheless, "evidence of uncharged crimes is admissible to prove identity, common design or plan, or intent only if the charged and uncharged crimes are sufficiently similar to support a rational inference of identity, common design or plan, or intent." Id. Also, uncharged misconduct is subject to exclusion if its probative value is substantially

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