What is the test for admitting evidence of past misconduct involving moral turpitude to impeach a witness in a criminal trial?

California, United States of America


The following excerpt is from The People v. Flores, G041612, No. 08CF2556 (Cal. App. 2010):

"The admission of past misconduct involving moral turpitude to impeach a witness in a criminal trial is subject to the trial court's discretion under Evidence Code section 352. [Citation.] On appeal, the trial court's decision is reviewed for abuse of discretion. [Citations.] To constitute an abuse of discretion, 'the resulting injury [must be] sufficiently grave to manifest a miscarriage of justice. [Citation.] In other words,... the court [must] exceed[] the bounds of reason, all of the circumstances being considered.' [Citation.] In most instances the appellate courts will uphold the exercise of discretion even if another court might have ruled otherwise. [Citation.]" (People v. Feaster (2002) 102 Cal.App.4th 1084, 1091-1092.)

A court must consider four factors before admitting evidence of a prior felony conviction for impeachment: "(1) whether the prior conviction reflects adversely on an individual's honesty or veracity; (2) the nearness or remoteness in time of a prior conviction; (3) whether the prior conviction is for the same or substantially similar conduct to the charged offense; and (4) what the effect will be if the defendant does not testify out of fear of being prejudiced because of the impeachment by prior convictions. [Citation.] These factors need not be rigidly followed. [Citation.]" (People v. Mendoza (2000) 78 Cal.App.4th 918, 925.)

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