Does a defendant's plea of not guilty in a criminal case change the elements of the crime in issue for the purpose of determining the admissibility of evidence of misconduct?
California, United States of America
The following excerpt is from People v. Pointer, C064174 (Cal. App. 2012):
A defendant's plea of not guilty places "'the elements of the crime in issue for the purpose of deciding the admissibility of evidence [of uncharged misconduct] unless the defendant has taken some action to narrow the prosecution's burden of proof.'" (People v. Ewoldt (1994) 7 Cal.4th 380, 400, fn. 4.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a jury consider prior incidents of sexual misconduct for the purpose of determining whether a defendant is guilty of the same crime? (California, United States of America)
Is a defendant who knowingly aids and abets criminal conduct guilty of not only the intended crime but also of any other crime the perpetrator actually commits as a result of the crime? (California, United States of America)
Is a defendant's past criminal convictions admissible as evidence of criminal misconduct? (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)
What is the test for admissible evidence in a criminal case where a defendant has pleaded not guilty to a similar crime? (California, United States of America)
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)
Can a self-represented defendant be found guilty of a criminal act against a criminal defendant under section 352 of the California Criminal Code? (California, United States of America)
What is the law on unanimity in a criminal case where the evidence of a crime is only a single crime but the evidence supports the theory of the crime? (California, United States of America)
If a criminal commits a crime in a different county than the one where the crime was committed, would that change the outcome of the criminal trial if the crime occurred in the other county? (California, United States of America)
What is the test for admissible evidence of other criminal acts or misconduct of a defendant? (California, United States of America)
