Is admitting racial epithets prejudicial in a criminal case?

California, United States of America


The following excerpt is from People v. McDowell, 2d Crim. No. B299613 (Cal. App. 2020):

Admission of a defendant's use of racial epithets is not necessarily so prejudicial as to deny the defendant a fair trial. (People v. Quartermain (1997) 16 Cal.4th 600, 627-629.) In Quartermain, the court admitted racial epithets by the defendant describing the victim, who was Black, and describing members of the victim's race generally. (Id. at pp. 627-628.) The court held that "[e]xpressions of racial animus by a defendant towards the victim and the victim's race" were relevant to the defendant's motive. (Id. at p. 628.)

Other Questions


What is the test for admitting evidence of criminal misconduct in a criminal case? (California, United States of America)
What is the test for admitting evidence of criminal intent in a criminal case? (California, United States of America)
Can a criminal defendant refuse to stipulate or admit his way out of the full evidentiary force of the criminal case? (California, United States of America)
What is the test for a motion for a mistrial in a criminal case where a defendant has admitted to a prior criminal record? (California, United States of America)
What is the test for admitting evidence of criminal misconduct in a criminal case? (California, United States of America)
Is a parent, relative, or co-habitant of a defendant in a criminal case outside the scope of marital privilege in criminal cases? (California, United States of America)
Is there any case law where a defendant admitted to admitting that he was a member of a criminal gang? (California, United States of America)
What is the test for prejudicial evidence in the context of evidence of racial motivation in criminal cases? (California, United States of America)
Is there any case law or precedent that curative instructions can be used to limit prejudicial evidence in a criminal case? (California, United States of America)
Is there any case law in which a defendant was successful in admitting evidence that prejudicial testimony from a prosecution expert was prejudicial? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.