What is the test for admitting evidence that does not contain a criminal conviction for impeachment purposes?

California, United States of America


The following excerpt is from The People v. Diaz, F058489, No. 09CM0237 (Cal. App. 2010):

"'[I]mpeachment evidence other than felony convictions entails problems of proof, unfair surprise, and moral turpitude evaluation which felony convictions do not present. Hence, [under Evidence Code section 352,] courts may and should consider with particular care whether the admission of such evidence might involve undue time, confusion, or prejudice which outweighs its probative value.' [Citation.] A court also may consider issues of 'fairness, efficiency, and moral turpitude' when evidence other than a felony conviction is proffered for impeachment. [Citation.]" (People v. Doolin (2009) 45 Cal.4th 390, 443.)

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