What is the effect of Proposition 8 on the rule of evidence in criminal proceedings?

California, United States of America


The following excerpt is from People v. Dalton, 247 Cal.Rptr.3d 273, 441 P.3d 283, 7 Cal.5th 166 (Cal. 2019):

relevant evidence shall not be excluded in any criminal proceeding, including pretrial and post conviction motions and hearings, or in any trial or hearing of a juvenile for a criminal offense, whether heard in juvenile or adult court. Nothing in this section shall affect any existing statutory rule of evidence relating to privilege or hearsay, or Evidence Code Sections 352, 782 or 1103." "Proposition 8 applies only to prosecutions for crimes committed on or after its effective date." ( People v. Smith (1983) 34 Cal.3d 251, 258, 193 Cal.Rptr. 692, 667 P.2d 149.)

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