What is the test for admitting or denying evidence of a defendant's propensity to commit domestic violence?

California, United States of America


The following excerpt is from People v. Douglas, C076525 (Cal. App. 2017):

Where, as here, a defendant is charged with a domestic violence offense, Evidence Code section 1109 allows evidence of the defendant's commission of other uncharged acts of domestic violence to show his propensity to commit domestic violence, unless the evidence is inadmissible pursuant to Evidence Code section 352. (Evid. Code, 1109, subd. (a)(1).) In exercising its discretion to admit or exclude evidence, the court must balance the probative value of the evidence against the following factors: (1) the inflammatory nature of the uncharged conduct; (2) the possibility of confusion of the issues; (3) remoteness in time of the uncharged offenses; and (4) the amount of time involved in introducing and refuting the evidence of uncharged offenses. (People v. Harris, supra, 60 Cal.App.4th at pp. 737-740 (Harris).)

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