Is evidence of a witness's religious beliefs admissible to prove credibility?

California, United States of America


The following excerpt is from People v. Corswell, B244154 (Cal. App. 2014):

Evidence of a witness's religious beliefs (or lack thereof) is inadmissible to prove credibility. (Evid. Code, 789.) Although inquiry into religious beliefs ought to be viewed with caution, such evidence may be admissible if relevant to prove something other than credibility. In People v. King (2010) 183 Cal.App.4th 1281 (King), for example, a police officer was convicted of sexual battery by threat of arrest or incarceration. On appeal, he challenged admission of the victim's testimony that her Filipino and Catholic culture and religious background caused her to listen to authority. (Id. at p. 1311-1312.) The appellate court concluded the evidence was admissible because it was relevant on the issues of consent and duress. (Id. at p. 1312.)

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