Generally

Question 1

Prop 8

Answer 1

2. California constitutional point:
   i. Prop 8: in a criminal prosecution, the “Truth in Evidence” amendment (Prop 8) makes all relevant evidence in a criminal case admissible, even if it is objectionable under the CEC
   a. the constitution overrules the CEC

ii. Prop 8 exceptions: these objections are not covered by Prop 8:
a. exclusionary rules under US Constitution (Confrontation Clause)– prop 8 does not take away the right to confront a defendant
b. hearsay law – prop does not make hearsay relevant
c. privilege law– prop 8 does not allow as relevant privileged evidence
d. limits on character evidence to prove the defendant’s conduct– character evidence which is unconst is not allowed as relevant
e. limits on character evidence to prove the victim’s conduct
f. the secondary evidence rule (California’s Best Evidence Rule)–
g. CEC 352 (California’s Rule 403 balancing)

Question 2

Essay – CA law, criminal case

Answer 2

i. raise objections under standard federal law
ii. discuss if Prop 8 applies: admit unless irrelevant or exception applies
iii. apply section 352 balancing