What is the test for determining the probative value of evidence in a sexual assault case?

California, United States of America


The following excerpt is from People v. MANAI, B222741, No. YA06344 (Cal. App. 2011):

A trial court has broad discretion to weigh the probative value of evidence against its potential prejudicial impact. A court's decision that the probative value of the evidence outweighs its prejudicial impact will not be disturbed on appeal unless the court exercised its discretion in "'an arbitrary, capricious or patently absurd manner that resulted in a manifest miscarriage of justice.' [Citations.]" (People v. Rodrigues (1994) 8 Cal.4th 1060, 1124.)

Other Questions


What is the probative value of uncharged sexual offense evidence in a sexual assault case? (California, United States of America)
What is the probative value of evidence in a sexual assault case where the evidence is not related to the charged offence? (California, United States of America)
In determining the sufficiency of evidence in a civil case, how have courts considered the evidence in the context of sexual assault cases? (California, United States of America)
What is the test for admissibility of evidence of prior sexual assault in a sexual assault case? (California, United States of America)
What is the test for admitting prior sexual assault evidence in a sexual assault case? (California, United States of America)
What is the current state of the law on discretion of a trial court in assessing the probative value of evidence in a sexual assault case? (California, United States of America)
Is there any reason to exclude evidence of sexual assault prior to the trial of defendant in his sexual assault case? (California, United States of America)
For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108? (California, United States of America)
What is the current state of the law on discretion of a trial court in assessing the probative value of evidence in a sexual assault case? (California, United States of America)
What is the current state of the law on discretion of a trial court in assessing the probative value of evidence in a sexual assault case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.