Evidence - CA

Question 1

Prop 8 (Victim’s Bill of Rights)

Answer 1

All relevant evidence is ADMISSIBLE in CA Crim case unless it falls w/in 9 Exemptions.

1. Exclusionary Rules based on Constitution
2. Exclusionary Rules adopted by CA in 1982 vote
3. Privilege rules adopted in 1982 (Attorney/Client, Proessional Priv, Spouse/Witenss Priv, Marital Communications Priv, etc.)
4. Name of Confidential News Source, no contempt
5. Hearsay Rules
6. Judicial Right to exclude evidence if probative value is substantially outweighed by prejudice
7. CA Rape Shield
8. CA Best Evidence Rule
9. Rules prohibiting Prosecution from offering evidence of D or Victim’s character before D opens the door

Recipe -
1. see if excluded under Fed Law
2. See if falls under Prop 8 Exemption, if So, same result as Fed
3. If NOT in prop 8 exception, explain why admissible
4. Discuss if should still be excluded under 352 judicial discretion to exclude evidence that’s probative value is substantially outweighed by unfair prejudice
CMR p. 20