What is the test for admitting evidence that a defendant committed crimes other than those they are currently charged with?

California, United States of America


The following excerpt is from People v. Maine, F069906 (Cal. App. 2017):

Evidence a defendant committed crimes other than those he or she is currently charged with is admissible when it is logically, naturally, and by reasonable inference relevant to prove some fact at issue such as motive, intent, preparation, or identity. The trial court has the discretion to admit such evidence after weighing its probative value against the prejudicial effect pursuant to Evidence Code section 352. In reviewing the admissibility of other crimes evidence, a court must consider (1) the materiality of the fact to be proved or disproved, (2) the probative value of the other crimes evidence to prove or disprove a fact, and (3) the existence of any rule or policy requiring exclusion even if the evidence is relevant, because this type of evidence can be damaging. (People v. Fuiava, supra, 53 Cal.4th at p. 667.)

Page 13

Other Questions


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)
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)
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)
What is the test for admitting evidence that a defendant committed crimes other than those he is currently charged with? (California, United States of America)
Is there any case law where evidence has been found that a defendant committed another rape shortly after the charged crime was committed? (California, United States of America)
Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)
Is evidence of other crimes or bad acts generally inadmissible when offered to show a defendant had a criminal disposition or propensity to commit the crime charged? (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)
Is evidence that a defendant committed a crime other than the charged crime admissible? (California, United States of America)
What is the test for admitting evidence that a defendant has committed an uncharged criminal act that is similar to the charged crime? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.