Is evidence of a crime reenactment admissible?

California, United States of America


The following excerpt is from People v. Herrera, D075202 (Cal. App. 2020):

" 'Evidence of demonstration engaged in to test the truth of testimony that a certain thing occurred is admissible only where (1) the demonstration is relevant, (2) its conditions and those existing at the time of the alleged occurrence are shown to be substantially similar and (3) the evidence will not consume undue time or confuse or mislead the jury. [Citation.] The party offering the evidence bears the burden of showing that the foundational requirements have been satisfied.' [Citation.] [] The probative value of evidence of the reenactment of a crime depends primarily on its similarity to the events and conditions that existed at the time of the crime. [Citations]." (People v. Rivera (2011) 201 Cal.App.4th 353, 363 (Rivera).)

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