Can past criminal conduct involving moral turpitude be used as impeachment evidence?

California, United States of America


The following excerpt is from People v. Yanez, H042268 (Cal. App. 2020):

"Past criminal conduct involving moral turpitude that has some logical bearing on the veracity of a witness in a criminal proceeding is admissible to impeach, subject to the court's discretion under Evidence Code section 352." (People v. Harris (2005) 37 Cal.4th 310, 337.) As we have previously described, a trial court may exclude evidence under Evidence Code section 352 if its probative value is substantially outweighed by the probability that its admission will require an undue consumption of time or create a substantial danger of prejudice.

Acts can be admitted as impeachment evidence even if the alleged misconduct did not result in a criminal conviction. (People v. Wheeler (1992) 4 Cal.4th 284, 297, fn. 7 (Wheeler).) However, "additional considerations may apply when evidence other than felony convictions is offered for impeachment." (Id. at p. 296.) "Problems of proof, unfair surprise, and moral turpitude are minimized when felony convictions are the sole proffered basis for impeachment." (Id. at p. 297, fn. 7.) "A felony conviction reliably establishes that the witness committed corresponding criminal acts; a party or witness is

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