Does the fact that evidence of a defendant's previous violent crimes is not indicative of his character or mental condition render the evidence inadmissible?

California, United States of America


The following excerpt is from People v. Smith, 107 P.3d 229, 25 Cal.Rptr.3d 554, 35 Cal.4th 334 (Cal. 2005):

People v. Avena, supra, 13 Cal.4th 394, 53 Cal.Rptr.2d 301, 916 P.2d 1000, also supports this conclusion. There the defendant protested that prosecution evidence of defendant's previous violent crimes, offered under section 190.3, factor (b), should have been excluded because the prosecution cannot introduce evidence of defendant's bad character (factor (k) evidence) in its case in chief. We replied: "The fact that evidence of defendant's previous violent crimes was also indicative of his character or mental condition does not render the evidence inadmissible." (People v. Avena, supra, 13 Cal.4th at p. 439, 53 Cal.Rptr.2d 301, 916 P.2d 1000.)

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