In what circumstances will the California Supreme Court allow evidence of improper statements to be admitted to a jury?

California, United States of America


The following excerpt is from People v. Sassounian, 182 Cal.App.3d 361, 226 Cal.Rptr. 880 (Cal. App. 1986):

In her concurring and dissenting opinion in a still more recent case, Ballard v. Uribe (1986) 41 Cal.3d 564, 596, 224 Cal.Rptr. 664, 715 P.2d 624, Chief Justice Bird underscores this same point. "A distinction must be drawn between two questions: (1) whether a statement is admissible to show the effect on the jurors' mental processes of other, improper statements; and (2) whether evidence of a statement may be admitted to show that the statement itself was improper, after which a court may determine the likelihood that the statement influenced the verdict. Under Evidence Code section 1150, the answer to the first question is clearly 'no.' It is equally clear that the answer to the second question is 'yes.' " (Italics in original.)

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