CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Opinion & Scientific Evidence
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Forensic Issues
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Sanity & Mental Processes
............Sexual Deviance: Lack of
5 Cards On This Topic:
Evidence of D's character in form of opinion or reputation not inadmissible if offered to prove conduct in conformity therewith.
Lay opinion proper evidence of character (that accused not sexual deviant) in child molest case.
Expert opinion on evidence of character (i.e., accused not sexual deviant) proper in child molest case, even when based in part upon standardized written tests.
Expert's testimony was admissible character evidence, because lack of sexual deviance is a character trait subject to proof by opinion testimony.
Expert not permitted to testify based upon physical stimulation test that D did not commit child molest because he lacked requisite behavior characteristics.