What is the test for admissible evidence in a criminal case?

California, United States of America


The following excerpt is from People v. Dellinger, 163 Cal.App.3d 284, 209 Cal.Rptr. 503 (Cal. App. 1984):

"All relevant evidence is admissible unless there is a positive rule excluding it. [Citation.] Relevant evidence is that which has 'any tendency in [163 Cal.App.3d 307] reason to prove or disprove any disputed fact that is of consequence....' [Citation.] The test of relevancy is whether the evidence tends, logically, naturally, or by reasonable inference to establish a material fact, not whether it conclusively proves it. [Citation.]" (People v. Yu (1983) 143 Cal.App.3d 358, 376, 191 Cal.Rptr. 859.) " '[T]o be admissible, evidence need not absolutely confirm anything. It is axiomatic that its weight is for the jury.' [Citation.]" (People v. Peggese (1980) 102 Cal.App.3d 415, 420, 162 Cal.Rptr. 510.) "The trial court is vested with wide discretion in determining relevance.... [p] Furthermore, the fact that this evidence involved another crime does not make it inadmissible per se. As a general rule evidence of uncharged offenses is inadmissible when offered merely to prove a defendant's criminal disposition. [Citations.] [p] 'It is settled that evidence of other crimes is ordinarily admissible despite the prejudicial effect where it tends to establish guilty knowledge, motive, intent or presence of a common design or plan.' [Citations.]" (People v. Yu, supra, 143 Cal.App.3d at p. 376, 191 Cal.Rptr. 859.)

Other Questions


What is the test for admissible evidence in a criminal case where an expert testified that there was no evidence of criminal wrongdoing? (California, United States of America)
Is evidence of prior criminal conduct admissible in criminal cases? (California, United States of America)
Is evidence of criminal history relevant and admissible in a criminal case? (California, United States of America)
Is evidence of criminal activity not charged in a criminal case admissible? (California, United States of America)
Does section 1101 of the California Evidence Code prohibit the admission of character or propensity evidence in a criminal case? (California, United States of America)
Is evidence of a criminal defendant's disposition or propensity to commit the charged offense in a criminal case admissible? (California, United States of America)
Does section 1101 of the California Evidence Code prohibit the admission of character or propensity evidence in a criminal case? (California, United States of America)
Is evidence of a person's character or trait of his or her character in a civil case admissible in the context of a criminal case? (California, United States of America)
What is the state of the law in relation to the admission of evidence in a criminal case of alleged criminal conspiracy? (California, United States of America)
What is the test for admissible evidence of criminal past in a criminal case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.