What is the test for admitting a prior conviction for a similar crime?

California, United States of America


The following excerpt is from People v. Pugh, 145 Cal.App.3d 854, 193 Cal.Rptr. 779 (Cal. App. 1983):

Courts must exercise discretion in determining whether the probative value of the impeachment prior is outweighed by its prejudicial effect on the witness' testimony. (Evid.Code, 352, 788; People v. Beagle, supra, 6 Cal.3d 441, 99 Cal.Rptr. 313, 492 P.2d 1.) Listed among the criteria to consider is the similarity between the prior offense and the offense presently charged. A strict limitation on the admission of similar priors exists because " '[w]hile the risk of undue prejudice is substantial when any prior conviction is used to impeach the credibility of a defendant-witness, it is far

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