What is the test for admitting evidence of prior uncharged acts of sexual and domestic violence for abuse of children?

California, United States of America


The following excerpt is from The People v. Chapman, A125590, No. CH43930 (Cal. App. 2010):

To determine whether to admit evidence of prior uncharged offenses, the trial court must consider various factors, including: (1) the similarity to the charged offense; (2) the likelihood of confusing, misleading, or distracting the jurors; (3) the remoteness of the uncharged offense; (4) its likely prejudicial impact on the jurors; (5) the burden "on the defendant in defending against the uncharged offense;" and (6) the availability of less prejudicial alternatives to admitting the evidence. (People v. Falsetta (1999) 21 Cal.4th 903, 917; People v. Ewoldt (1994) 7 Cal.4th 380, 404-405, superseded by statute on other grounds as stated in Britt, supra, 104 Cal.App.4th at p. 505.) We review a trial court's decision to admit prior uncharged acts of sexual and domestic violence for abuse of discretion. (Lewis, supra, 46 Cal.4th at p. 1286; People v. Jennings (2000) 81 Cal.App.4th 1301, 1314.)

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