Is propensity evidence admissible under section 352 of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Kerley, 23 Cal.App.5th 513, 233 Cal.Rptr.3d 135 (Cal. App. 2018):

In conducting the careful weighing process to determine whether propensity evidence is admissible under section 352, trial courts "must consider such factors as its nature, relevance, and possible remoteness, the degree of certainty of its commission and the likelihood of confusing, misleading, or distracting the jurors from their main inquiry, its similarity to the charged offense, its likely prejudicial impact on the jurors, the burden on the defendant in defending against the uncharged offense, and the availability of less prejudicial alternatives to its outright admission...." ( People v. Falsetta (1999) 21 Cal.4th 903, 917, 89 Cal.Rptr.2d 847, 986 P.2d 182.)

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