What is the test for admitting an uncharged crime?

California, United States of America


The following excerpt is from People v. Perdomo, B263533 (Cal. App. 2016):

"[T]he admissibility of uncharged crimes depends upon three factors: (1) the materiality of the facts sought to be proved; (2) the tendency of the uncharged crimes to prove or disprove the material fact (i.e., probative value); and (3) the existence of any rule or policy requiring the exclusion of relevant evidence (i.e., prejudicial effect or other [Evid. Code,] 352 concern). [Citations.] [] Courts subject other crimes evidence to '"extremely careful analysis"' [citation] and review the admission of such evidence for abuse of discretion [citation]." (People v. Hendrix (2013) 214 Cal.App.4th 216, 238.)

Other Questions


Can a jury use uncharged crime evidence to determine that defendant was more likely to have committed the charged crimes because he committed the uncharged crimes? (California, United States of America)
When a defendant admits committing a crime but denies the necessary intent for the charged crime because of mistake or accident, is intent to commit the crime admissible? (California, United States of America)
Can a defendant be convicted of an uncharged crime if, but only if, the un charged crime is necessarily included in the charged crime? (California, United States of America)
When a defendant admits committing a crime but denies the necessary intent for the charged crime, does other-crimes evidence admissible? (California, United States of America)
How has the court interpreted other-crimes evidence in a trial where a defendant admitted that he had committed a crime against a witness? (California, United States of America)
What is the test for admitting or denying evidence of an uncharged crime? (California, United States of America)
What is the test for admitting evidence of an uncharged crime? (California, United States of America)
What is the test for admitting evidence of an uncharged crime? (California, United States of America)
Is a person who aids or abets a crime liable for the crime if the original crime was committed independently by another person? (California, United States of America)
Can evidence of an uncharged crime be admitted at trial? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.