CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Character and Reputation Evidence
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To Prove Conduct & Prior Bad Acts
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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.