California distinctions Flashcards
Prop 8
The California Right to Truth in Evidence amendment makes all relevant evidence admissible in a criminal case, even if it is objectionable under the CEC, with the exception of evidence excluded under the CC, hearsay law, privilege law, limits on character evidence, California’s rape-shield statute, the secondary evidence rule, and CEC 352.
Relevance
In California, the fact of consequence must also be in dispute.
Subsequent remedial measures
Does not apply in strict liability cases, only in negligence cases
Payments and offers to pay
Admissions of fact made in conjunction with payments or offers to pay medical expenses are inadmissible
Plea discussions
unclear if Prop 8 makes this admissible in CA.
Expressions of sympathy in civil cases
Expressions of sympathy relating to pain suffering or death of accident victim inadmissible in civil cases
Immigration status
Evidence of immigration status not admissible or discoverable in civil actions for personal injury or wrongful death.
Character evidence in civil cases involving sexual misconduct
NO EXCEPTIONS to general rule that character evidence is inadmissible to prove conduct in civil cases (no exception for sexual assault and child molestation).
Character evidence in criminal cases involving sexual misconduct
California extends exception for sexual assault or child molestation, to other acts of domestic violence or elder abuse.
But does not extend to civil cases!
Character evidence in criminal cases (victim’s character)
Where defendant has introduced evidence of victim’s character for violence, prosecution may rebut by offering evidence of defendant’s violent character.
In California, both parties may offer specific instances to prove the victim’s character.
Character evidence in criminal cases (self-defense)
No exception for prosecution to offer evidence of victim’s peaceful character in cases where defendant argues self-defense
Sexual assault victim’s past behavior
In criminal sexual assault cases ONLY, evidence of victims’ sexual conduct are all inadmissible to prove consent unless conduct was with defendant.
Witness competency
In California, witnesses must also understand legal duty to tell the truth
Expert testimony (reliability)
Unlike the federal Daubert standard, California applies the Kelly-Frye standard: the opinion must be based on principles that are generally accepted by experts in the field.
Sequestration
unlike federal rule, where judge must grant, judge has discretion to grant or deny motion to sequester
Bolstering
Permitted in criminal cases in California
Prior inconsistent statements
Prior inconsistent statements may be offered for truth of the matter asserted (in addition to for impeachment) even if they were not made under oath.
Prior felony convictions
Prior felonies are admissible in CA only if they involve moral turpitude, but court has discretion to exclude
Prior misdemeanor convictions
Convictions for misdemeanors involving moral turpitude admissible in criminal cases and inadmissible in civil cases
Bad acts
Not admissible in civil cases. Acts of moral turpitude admissible for impeachment in criminal cases (both cross exam and extrinsic evidence)
Hearsay exclusions/exceptions
NO hearsay exclusions in CA; only exceptions
Admissions of agents and employees
No equivalent–but a statement by an employee is considered an admission by the employer where the negligent conduct of the employee is the basis for the employer’s liability under respondeat superior
Other vicarious admissions
CA also allows:
- statements of the deceased in a wrongful death action against the plaintiff
- statements of the child in a parent’s action for minor child’s injury against the parent
- statements by the predecessor in interest in civil cases where a party’s right or title to property is at issue and depends on whether they hold or previously held right or title
- statement made by decedent in an action against decedent’s estate against the estate
Statements against interest
Also applies to statements against declarant’s social interest; does not include corroboration requirement for statements subjecting declarant to criminal liability
Former testimony
requires only that the party in the former action had a similar interest to party against whom the former testimony is being offered (not that they are a predecessor in interest).
also allows former testimony if being offered against person who offered it in evidence o their own behalf at prior proceeding or against that person’s successor in interest
Dying declaration
applies in all criminal and civil cases but declarant must have died as a result
Other CA hearsay exceptions requiring unavailibility
- statements describing infliction or threat of physical injury
- statements of past or physical emotional condition or state of mind, when at issue
Present sense impression
applies only when a statement explains the declarant’s own conduct and is made while the declarant was engaged in that conduct
statements describing infliction or threat of physical injury
statement made by unavailable declarant that describes, narrates, or explains the infliction or threat of physical injury admissible if
- it was made at or near time of infliction or threat,
- was in writing, recorded, or made to law enforcement or medical personnel, and
- made under circumstances that indicate trustworthiness
medical diagnosis or treatment
applies only where the declarant is a minor and was under 12 at time of statement and their statement was made for medical diagnosis or treatment and described an act or attempted act of child abuse or neglect
statements of past or physical emotional condition or state of mind, when at issue
in CA, statement of unavailable declarant’s past physical condition, emotional condition, or state of mind admissible to prove that condition if it is at issue in the case
public records
record of an act, condition, or event by a public employee is admissible if
- making record was within their scope of employment,
- it was made at or near the time of the matters described, and
- the sources of info and time of preparation indicate trustworthiness
self-authenticating writings
trade inscriptions and certified business records are not self-authenticating
exceptions to physician/psychotherapist privilege
psychotherapist privilege does not apply if they have reasonable cause to believe patient is a danger to themselves and disclosure is necessary , the patient is a child under the age of 16 and they reasonably believe the child has been the victim of a crime, and they were court-appointed.
physician-patient privilege not applicable in criminal cases.
neither is applicable if the professional is required to report it to a public office or in competency proceedings
Preliminary questions
Unlike in FRE, in CA, judge is bound by rules of evidence in making preliminary determinations
judicial notice
exception to rule that judicial notice is mandatory only if party requests: even if not requested, court must take judicial notice of matters of generalized knowledge that are universally known.
judicially noticed facts are conclusive in both criminal and civil cases
Spontaneous statement
Under the “spontaneous statement” exception, the declarant must have made the statement while under the stress of excitement caused by a startling event, and the statement must concern the immediate facts of the startling event.
Spousal immunity
Applies to any proceeding–not just criminal
Objection: Leading question
A leading question is one that suggests the answer and such questions are generally objectionable on direct examination
Objection: Nonresponsive
A witness’ response may be stricken as nonresponsive if it goes beyond the scope of the specific question asked.
Objection: Narrative/Speculation
An examining attorney may not ask a witness to speculate to hypothesize as to the existence or meaning of a fact
