Is there a need for a sua sponte instruction on the limited purposes for which evidence of prior crimes is admissible at the penalty phase of a capital case?

California, United States of America


The following excerpt is from People v. Johnson, 23 Cal.Rptr.2d 593, 6 Cal.4th 1, 859 P.2d 673 (Cal. 1993):

Generally, the court owes no obligation to instruct on the limited purposes for which evidence of prior crimes is admissible. (See People v. Collie (1981) 30 Cal.3d 43, 64, 177 Cal.Rptr. 458, 634 P.2d 534.) Defendant acknowledges the general rule, but argues that it should be inapplicable at the penalty phase of a capital case. In light of the instructions that were given here, we fail to discern a need for such a sua sponte instruction.

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