Can a jury consider evidence of uncharged violent criminal conduct by defendant that involved the use or attempted use of force or violence?

California, United States of America


The following excerpt is from The People v. Booker, No. CR67502, No. S083899 (Cal. 2011):

Jurors may consider evidence of uncharged violent criminal conduct by defendant that involved the use or attempted use of force or violence, or express or implied threat to use force or violence, but only if they were convinced beyond a reasonable doubt that defendant had engaged in such activity.26 (See, e.g., People v. Wallace (2008) 44 Cal.4th 1032, 1079.) Although a trial court lacks the discretion to exclude all such evidence, it retains the traditional discretion to exclude specific evidence if it is misleading, cumulative, or unduly prejudicial. (Ibid.)

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