Does Section 1101 of the California Evidence Code continue to apply to the prosecution of crimes committed after the enactment of Proposition 8?

California, United States of America


The following excerpt is from People v. Lang, 264 Cal.Rptr. 386, 49 Cal.3d 991, 782 P.2d 627 (Cal. 1989):

9 This conclusion makes it unnecessary to decide whether the limitations of Evidence Code section 1101 continue to apply to the prosecution of crimes committed after enactment of article I, section 28, subdivision (d), of the California Constitution, the "Right to Truth-in-Evidence" provision of Proposition 8. (See People v. Harris (1989) 47 Cal.3d 1047, 1081, 255 Cal.Rptr. 352, 767 P.2d 619.)

10 The limitations of Evidence Code sections 786 and 787, on which defendant also relies, do not apply in this case as the charged crimes were committed after enactment of article I, section 28, subdivision (d), of the California Constitution. (See People v. Harris, supra, 47 Cal.3d 1047, 1081-1082, 255 Cal.Rptr. 352, 767 P.2d 619.)

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