Can evidence of bad character be used to prove criminal conduct?

California, United States of America


The following excerpt is from People v. Strand, A128629 (Cal. App. 2011):

Evidence Code section 1101, subdivision (a) prohibits the use of evidence of a person's character, including evidence of character as manifested in prior uncharged conduct, to prove conduct on a specific occasion. The policy underlying section 1101, which has deep roots in the Anglo-American legal system, is that evidence of a defendant's past conduct cannot be admitted solely for the purpose of proving that the defendant is a person with the general propensity to commit crimes. (People v. Kipp (1998) 18 Cal.4th 349, 369.) The Evidence Code, however, recognizes that evidence of uncharged criminal acts can be relevant for reasons other than to prove bad character. Accordingly, subdivision (b) of section 1101 authorizes the admission of evidence of criminal acts otherwise excludable under subdivision (a) if the acts are "relevant to prove some fact . . . other than [the defendant's] disposition to commit [a criminal] act." Evidence is most commonly admitted under subdivision (b) to prove (1) motive or intent,

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