Prop 8

Question 0

Limits to Prop 8

Answer 0

Proposition 8 does NOT overrule any CEC rules pertaining to: (1) Hearsay; (2) Privilege; (3) Exclusionary Provisions under US Constitution and Confrontation Clause; (4) Character: limit on victim character evidence in rape case; (5) Limit on Defendant character evidence before D puts it at issue; (6) Best Evidence; and (7) CEC 352: Exclusion when unfair prejudice outweighs probative value.
Absent the 7 exceptions listed, relevant evidence is almost admissible in a criminal case in CA.

Question 1

Proposition 8 - Victim’s bill of rights

Answer 1

This bill is intended to give victims a stronger voice in court by eliminating exclusionary and procedural rules that excluded certain types of evidence. it provides that “all relevant evidence shall NOT be excluded in any criminal proceeding.” This means that if the evidence is relevant, it will be admitted during a criminal trial. CEC uses the 352 balancing test to then assess if this evidence is unfairly prejudicial.
Even if inadmissible under CEC, Prop 8 allows for the admission of all relevant evidence in criminal proceedings.