Can a defendant's unadjudicated violent criminal activity be admitted for the jury's consideration?
California, United States of America
The following excerpt is from Graham v. Masters, 199 Cal.Rptr.3d 85, 365 P.3d 861, 62 Cal.4th 1019 (Cal. 2016):
implied threat to use force or violence." Evidence of a defendant's unadjudicated violent criminal activity may be admitted for the jury's consideration if there is substantial evidence to prove each element of the unadjudicated activity. ( People v. Tully (2012) 54 Cal.4th 952, 1027, 145 Cal.Rptr.3d 146, 282 P.3d 173 (Tully ).) We review the trial court's decision to admit such evidence for abuse of discretion. (Ibid. )
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