What is the test for admitting or excluding evidence in a criminal case?

California, United States of America


The following excerpt is from People v. Donnell, 125 Cal.Rptr. 310, 52 Cal.App.3d 762 (Cal. App. 1975):

[52 Cal.App.3d 774] 11] In the application of this rule to criminal cases the general test of admissibility is whether the evidence tends logically, naturally and by reasonable inference, to establish any fact material for the People, or to overcome any material matter sought to be proved by the defense. (People v. Schader (1969) 71 Cal.2d 761, 775, 80 Cal.Rptr. 1, 457 P.2d 841.)

". . . If it does, then it is admissible, whether it embraces the commission of another crime or does not, whether the other crime be similar in kind or not, whether it be part of a single design or not." (People v. Peete (1946) 28 Cal.2d 306, 315, 169 P.2d 924, 929.)

It is for the trial court to determine whether the probative value is outweighed by the possible prejudicial effect and to admit or exclude it accordingly. (People v. Greene (1973) 34 Cal.App.3d 622, 635, 110 Cal.Rptr. 160.)

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