(DOWNLOAD) "People V. Falsetta" by California Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: People V. Falsetta
- Author : California Supreme Court
- Release Date : January 01, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
In this case we resolve a due process challenge to legislation (Evid. Code, § 1108)*fn1 permitting the admission, in a sex offense case, of the defendant's other sex crimes for the purpose of showing a propensity to commit such crimes. Although this provision represents a deviation from the historical practice of excluding such "propensity" evidence (see § 1101, subd. (a)), the provision preserves trial court discretion to exclude the evidence if its prejudicial effect outweighs its probative value (§ 352). We conclude, consistent with prior state and federal case law, that section 1108 is constitutionally valid. We also reject defendant's additional contention that the judgment should be reversed because the trial court erred in refusing to give defendant's special limiting instruction regarding the jury's consideration of the other crimes evidence.