Character Evidence and Prior Bad Acts Flashcards
What does section 1101(a) state about prior conduct?
Prior conduct cannot be used to establish character or a trait of character in order to prove conduct in conformity therewith.
What is the general rule regarding the admission of evidence related to prior conduct?
You ordinarily cannot admit evidence to argue that ‘He did it before, so he must have done it this time.’
What exceptions are provided in sections 1108 and 1109?
In domestic violence and sexual assault cases, prior acts can be used to prove a propensity or disposition to engage in such conduct if timely written notice is given.
What is the importance of section 352 in the context of prior conduct evidence under sections 1101, 1108, and 1109?
Section 352 may exclude evidence that is otherwise admissible under sections 1101, 1108 and 1109 due to undue consumption of time, confusion of issues, and unfair prejudice.
What should be done if there are prior domestic violence incidents in a case?
Always provide timely written notice and write a motion in limine when seeking to admit prior domestic violence and sexual assaults as propensity evidence.
What does section 1101(b) allow regarding prior bad acts?
Prior bad acts are admissible if offered for a non-propensity purpose, such as to show motive, intent, identity, absence of mistake, common scheme or plan, knowledge, opportunity, preparation, and more.
What is the sliding scale provided by the Supreme Court of California for section 1101(b) evidence?
The scale requires: greatest similarity for identity, least similarity for intent, and middle degree of similarity for common scheme or plan.
What is the standard of proof required for section 1101(b) evidence?
Section 1101(b) evidence need only be proved by a preponderance.
What is the defendant allowed to do under section 1102 in a criminal case?
Offer reputation and opinion evidence of good character to raise a reasonable doubt.
What limitations exist under section 1102 regarding specific instances of conduct?
The defendant may not admit specific instances of good conduct.
What can the prosecution do in rebuttal to a defendant’s good character evidence under section 1102?
Present contrary reputation and opinion evidence and ask if witnesses have heard of contrary acts.
What does section 1103 allow the defendant to show regarding the victim of a crime?
Offer opinion, reputation, and specific acts evidence to show that the victim was violent and acted in conformity with that trait.
What can the prosecution do if the defendant offers evidence of the victim’s violent character?
Offer good character evidence of the victim and all three types of evidence regarding the defendant if a character for violence is at issue.
What has the California Supreme Court authorized regarding a defendant’s prior conduct and gang enhancements?
Use of a defendant’s prior conduct to prove elements of gang enhancement, including pattern of criminal gang activity and active participation.
What must be enumerated in Penal Code section 186.22(e) regarding prior bad acts?
Prior bad acts must be specifically enumerated.
True or False: Prior conduct can always be admitted to prove a defendant’s character.
False
