CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Character and Reputation Evidence
......To Prove Conduct & Prior Bad Acts
.........Admis. When Relv to Prove Fact In Issue
............Admiss. to Show Element of Offense
5 Cards On This Topic:
  • D's prior criminal conduct is generally admissible when it is the primary basis for establishing a crucial element of the charged offense.
  • Prior violent acts evidence properly admitted on criminal threat issues, and on stalking count because an element of stalking requires proof victim reasonably feared for her safety.
  • Prior DUI convictions admissible on issue of D's subjective awareness of risks of drunk driving.
  • Evidence of gang links to procurement of murder weapon and to planning crime relates directly to crime and is not "other crimes" evidence subject to FRE 404 (b).
  • Cases discussing various aspects of admission of prior conduct where related to element of offense.