What is the test for admitting evidence of evidence of a previous crime?

California, United States of America


The following excerpt is from People v. Messing, B256855 (Cal. App. 2015):

Under Evidence Code section 1101, "[e]vidence 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. [Citations.] 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 . . . the evidence is offered to prove intent." (People v. Jones (2011) 51 Cal.4th 346, 371 (Jones).) "[T]he recurrence of a similar result tends to negate an innocent mental state and tends to establish the presence of the normal criminal

Page 6

Other Questions


What is the law on unanimity in a criminal case where the evidence of a crime is only a single crime but the evidence supports the theory of the crime? (California, United States of America)
When a defendant admits committing a crime but denies the necessary intent for the charged crime, does other-crimes evidence admissible? (California, United States of America)
What is the difference between properly admitted evidence and improperly admitted evidence? (California, United States of America)
What is the test for admitting evidence of a defendant's prior sexual abuse as propensity evidence in a sex crime case? (California, United States of America)
Does the fact that evidence of a defendant's previous violent crimes is not indicative of his character or mental condition render the evidence inadmissible? (California, United States of America)
How has the court interpreted other-crimes evidence in a trial where a defendant admitted that he had committed a crime against a witness? (California, United States of America)
Can evidence of an uncharged crime be admitted under the California Evidence Code? (California, United States of America)
Can a jury use uncharged crime evidence to determine that defendant was more likely to have committed the charged crimes because he committed the uncharged crimes? (California, United States of America)
In what circumstances of the crime scene evidence will be admitted during the penalty phase of a penalty trial, does the trial court error not to exclude the evidence? (California, United States of America)
When a defendant admits committing a crime but denies the necessary intent for the charged crime because of mistake or accident, is intent to commit the crime 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.