Is character evidence in a criminal case admissible?

California, United States of America


The following excerpt is from People v. Morales, G055435 (Cal. App. 2020):

Under Evidence Code section 1101, character evidence "is inadmissible when offered to prove his or her conduct on a specified occasion." (Evid. Code, 1101, subd. (a).) However, Evidence Code section 1101 does not prohibit "the admission of evidence that a person committed a crime, civil wrong, or other act when relevant to prove some fact (such as motive, opportunity, intent, . . .) other than his or her disposition to commit such an act." (Evid. Code, 1101, subd. (b).) "[T]o be admissible, evidence of other crimes must be relevant to some material fact in issue, must have a tendency to prove that fact, and must not contravene other policies limiting admission, such as Evidence Code section 352." (People v. Malone (1988) 47 Cal.3d 1, 18.) Under Evidence Code section 352, the trial court "in its discretion may exclude evidence if its probative value is substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury."

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