What is the test for admissible evidence of criminal propensity?

California, United States of America


The following excerpt is from The People v. Jones, No. CR 53009, No. S056364 (Cal. 2011):

Evidence of other crimes is not admissible merely to show criminal propensity, but it may be admitted if relevant to show a material fact such as intent. (Evid. Code, 1101; see People v. Kelly (2007) 42 Cal.4th 763, 783.) 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. (People v. Kelly, supra, at p. 783.) As we have often explained, the recurrence of a similar result tends to negate an

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