What is the current state's position on the rule of evidence in civil and criminal cases?

California, United States of America


The following excerpt is from Wilson v. Superior Court, Los Angeles County, 134 Cal.App.3d 1062, 185 Cal.Rptr. 678 (Cal. App. 1982):

In Luria v. United States (1913) 231 U.S. 9, 26-27, 34 S.Ct. 10, 14, 58 L.Ed. 101, the court said: " 'If a legislative provision not unreasonable in itself prescribing a rule of evidence, in either criminal or civil cases, does not shut out from the party affected a reasonable opportunity to submit to the jury in his defense all of the facts bearing upon the issue, there is no ground for holding that due process of law has been denied him.' "

In People v. Hickman, supra, 204 Cal. 470, 268 P. 909, the court said at pages 478-479, 268 P. 909: "A state has full control over the procedure in its courts, both in civil and criminal cases, subject only to the qualification that such procedure must not work a denial of fundamental rights or conflict with specific and applicable provisions of the federal constitution. It is not tied down by any provision of the federal constitution to the practice and procedure which existed at common law. Subject to the limitations noted, it may avail itself of the wisdom gathered by experience to make such changes as may be necessary." (Citation omitted.)

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