Relevancy CA

Question 1

Proposition 8

Answer 1

Under Proposition 8, all relevant evidence is admissible in a criminal case, subject to certain exceptions. In cases involving [relevant exclusion], ordinary rules of evidence apply rather than proposition 8.

Exceptions:
* Exclusionary rules under the U.S. Constitution (e.g., Confrontation Clause)
* Hearsay law
* Privilege law
* Limits on character evidence to prove the defendant’s conduct or the victim’s conduct
* Evidence that is barred by California’s rape-shield statute
* The secondary evidence rule (California’s version of the best evidence rule)
* When the court excludes evidence where the probative value is substantially outweighed by the danger of unfair prejudice, waste of time, etc.

Question 2

CA Relevance

Answer 2

For evidence to be admissible in California, it must be (1) logically relevant (has any tendency to prove or disprove a disputed fact of consequence), and (2) legally relevant (the court has discretion to exclude relevant evidence if it’s probative value is substantially outweighed by a risk of unfair prejudice or confusion of the issues)