Is evidence of a defendant's uncharged criminal conduct admissible?

California, United States of America


The following excerpt is from People v. Balcom, 27 Cal.Rptr.2d 666, 7 Cal.4th 414, 867 P.2d 777 (Cal. 1994):

This conclusion, however, does not end our inquiry. As noted above, "[e]vidence that involves crimes other than those for which a defendant is being tried is admitted only with caution...." (People v. Thompson (1988) 45 Cal.3d 86, 109, 246 Cal.Rptr. 245, 753 P.2d 37.) Although we have concluded that evidence of defendant's uncharged criminal conduct is relevant to establish a common design or plan, in order to be admissible such evidence "must not contravene other policies limiting admission, such as those contained in Evidence Code section 352. [Citations.]" (Ibid.) We thus proceed to examine whether the probative value of [7 Cal.4th 427] the evidence of defendant's uncharged offenses is "substantially outweighed by the probability that its admission [would] ... create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury." (Evid.Code, 352.)

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