What is the test for prejudicial evidence in a domestic violence case?

California, United States of America


The following excerpt is from People v. Brown, A132090 (Cal. App. 2012):

We conclude the evidence of these prior incidents was not unduly prejudicial. When determining prejudice, relevant factors include "whether the prior acts of domestic violence were more inflammatory than the charged conduct, the possibility the jury might confuse the prior acts with the charged acts, how recent were the prior acts, and whether the defendant had already been convicted and punished for the prior offense(s)." (People v. Rucker (2005) 126 Cal.App.4th 1107, 1119.) Here, none of the acts were more inflammatory than the stabbing incident that he was charged with, there was no danger of juror confusion, the acts were fairly recent (none were less than five years old), and defendant had not been charged with any offenses with respect to these acts.

Other Questions


What is the test for making past domestic violence evidence in a domestic violence case? (California, United States of America)
What is the test for admitting past acts of domestic violence as propensity evidence in a current domestic violence case? (California, United States of America)
In a domestic violence case, in what circumstances will the court allow a defendant to be found guilty of domestic violence? (California, United States of America)
Is evidence of domestic violence admissible to prove a defendant had a propensity to commit domestic violence? (California, United States of America)
Can evidence of domestic violence be used in a prosecution for an offense involving domestic violence? (California, United States of America)
What is the impact of domestic violence on a defendant's ability to defend himself in a domestic violence case? (California, United States of America)
What is the standard for a jury to consider an allegation of domestic violence against a defendant who has not been charged with domestic violence under the California Evidence Code? (California, United States of America)
Is there any case law where a defense counsel elicited testimony from a domestic violence victim about whether domestic violence victims lie? (California, United States of America)
Can evidence of domestic violence be used to prove a defendant has a propensity to commit domestic violence? (California, United States of America)
Does a defendant have to admit evidence of domestic violence to prove he has a propensity to commit domestic violence? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.