What is the test for admissible evidence of a defendant's criminal past?

California, United States of America


The following excerpt is from People v. Radillo, G052128 (Cal. App. 2016):

"The rules governing the admissibility of evidence under Evidence Code section 1101[, subdivision] (b)[,] are well settled. Evidence of defendant's commission of other crimes, civil wrongs or bad acts is not admissible to show bad character or predisposition to criminality, but may be admitted to prove some material fact at issue such as motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake or accident. [Citations.] Because evidence of a defendant's commission of other crimes, wrongs, or bad acts '"may be highly inflammatory, its admissibility should be scrutinized with great care."' [Citation.]" (People v. Cage (2015) 62 Cal.4th 256, 273, italics added (Cage).)

"To be admissible, there must be some degree of similarity between the charged crime and the other crime, but the degree of similarity depends on the purpose for which the evidence was presented. The least degree of similarity is needed when, as here, the evidence is offered to prove intent. [Citation.]" (People v. Jones (2011) 51 Cal.4th 346, 371.) Intent, knowledge, and absence of mistake or accident are closely intertwined. (See People v. Hendrix (2013) 214 Cal.App.4th 216, 242-243 (Hendrix).) "We review the trial court's ruling for an abuse of discretion. [Citations.]" (Cage, supra, 62 Cal.4th at p. 274.)

Other Questions


Is a defendant's past criminal convictions admissible as evidence of criminal misconduct? (California, United States of America)
What is the test for admissible evidence of criminal past in a criminal case? (California, United States of America)
Is evidence of past or present criminal acts listed in subdivision (e) of section 186.22 admissible to establish the alleged criminal street gang's primary activities? (California, United States of America)
Is evidence of a defendant's criminal past admissible to prove his propensity to commit crimes of a sexual nature? (California, United States of America)
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)
Does the use of evidence of criminal street gang activity by a defendant to establish a predicate offence in a prosecution for active participation in a criminal gang constitute prejudicial or prejudicial evidence? (California, United States of America)
What is the test for admissible evidence of a defendant's prior criminal past? (California, United States of America)
Can a self-represented defendant be found guilty of a criminal act against a criminal defendant under section 352 of the California Criminal Code? (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)
Is evidence of a defendant's uncharged criminal conduct admissible? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.