Is character evidence admissible in a criminal case?

California, United States of America


The following excerpt is from People v. Wells, F070212 (Cal. App. 2019):

"Character evidence, sometimes described as evidence of a propensity or disposition to engage in a type of conduct, is generally inadmissible to prove a person's conduct on a specified occasion." (People v. Villatoro (2012) 54 Cal.4th 1152, 1159.) However, evidence of prior bad acts may be used to establish "motive, opportunity, intent, preparation, plan, knowledge, identity, [and/or] absence of mistake or accident ...." (Evid. Code, 1101, subd. (b).) Therefore, "when a defendant admits committing an act but denies the necessary intent for the charged crime because of mistake or accident, other-crimes evidence is admissible to show absence of accident." (People v. Whisenhunt (2008) 44 Cal.4th 174, 204.)

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