Does the prosecution have to avoid using relevant, persuasive evidence to prove an element of a crime because that element might also be established through other evidence?

California, United States of America


The following excerpt is from People v. Juarez, 2d Crim. No. B263348 (Cal. App. 2016):

was not required to "forgo the use of relevant, persuasive evidence to prove an element of a crime because the element might also be established through other evidence. The prejudicial effect of evidence defendant committed a separate offense may, of course, outweigh its probative value if it is merely cumulative regarding an issue not reasonably subject to dispute. [Citations.] But the prosecution cannot be compelled to '"present its case in the sanitized fashion suggested by the defense."' (People v. Salcido (2008) 44 Cal.4th 93, 147.) When the evidence has probative value, and the potential for prejudice resulting from its admission is within tolerable limits, it is not unduly prejudicial and its admission is not an abuse of discretion." (People v. Tran, supra, 51 Cal.4th at p. 1049.)

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