Is demonstrative evidence admissible in a sexual assault case?

California, United States of America


The following excerpt is from People v. Chandler, H040429 (Cal. App. 2015):

The court has broad discretion to balance the probative value of the evidence against its prejudicial effect, and its decision will not be reversed absent an abuse of discretion. (People v. Lewis (2001) 26 Cal.4th 334, 374-375.) Furthermore, "[o]nly relevant evidence is admissible [citations], and all relevant evidence is admissible unless excluded under the federal or California Constitution or by statute. [Citations.] Relevant evidence is defined in Evidence Code section 210 as evidence 'having any tendency in

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reason to prove or disprove any disputed fact that is of consequence to the determination of the action.' The test of relevance is whether the evidence tends ' "logically, naturally, and by reasonable inference" to establish material facts such as identity, intent, or motive. [Citations.]' [Citation.] The trial court has broad discretion in determining the relevance of evidence [citations], but lacks discretion to admit irrelevant evidence. [Citation.]" (People v. Scheid (1997) 16 Cal.4th 1, 13-14.)

"A defendant's rights to due process and to present a defense do not include a right to present to the jury a speculative, factually unfounded inference." (People v. Mincey (1992) 2 Cal.4th 408, 442.)

The court's ruling on demonstrative evidence is reviewable under the abuse of discretion standard. (People v. Gilbert (1992) 5 Cal.App.4th 1372, 1388.)

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