Does section 1108 of the California Code of Civil Procedure, section 1101, subdivision (a) of the Criminal Code, allow for "propensity" evidence in sexual assault cases?

California, United States of America


The following excerpt is from People v. Tranquilino, B251149 (Cal. App. 2014):

"Available legislative history indicates section 1108 was intended in sex offense cases to relax the evidentiary restraints section 1101, subdivision (a), imposed, to assure that the trier of fact would be made aware of the defendant's other sex offenses in evaluating the victim's and the defendant's credibility. In this regard, section 1108 implicitly abrogates prior decisions of this court indicating that 'propensity' evidence is per se unduly prejudicial to the defense. (See, e.g., People v. Alcala (1984) 36 Cal.3d 604, 630-631 (Alcala).)

Other Questions


Does section 1108 of the California Code of Civil Procedure, Section 1108, allow for "propensity evidence" in sexual assault cases? (California, United States of America)
Does Section 1108, subdivision (a) of the California Criminal Code, section 352, make evidence of uncharged sexual misconduct in a sexual assault case admissible? (California, United States of America)
For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108? (California, United States of America)
Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (California, United States of America)
Does Section 1054(1) of the California Civil Code of Civil Procedure, section 1054 et. seq. and section 854 of the Criminal Code, allow defense counsel to conduct their investigation and prepare for trial? (California, United States of America)
What is the effect of qualifying words and phrases in section 667.6, subdivision (d) of the California Criminal Code, when a defendant is convicted of assault with intent to commit mayhem under Section 220 of the Code of Civil Procedure? (California, United States of America)
Does a Defendant who commits an assault with a firearm under section 245, subdivision (a)(1) of the California Criminal Code commit assault with the deadly weapon under Section 245 of the Civil Code? (California, United States of America)
Does section 654, subdivision (a) of the California Code of Civil Procedure, Section 654 of the Criminal Code, allow a defendant to be punished for more than one act? (California, United States of America)
Does Section 654, subdivision (a) of the California Code of Criminal Procedure, section 654 of the Criminal Code, allow a defendant to be punished for more than one act? (California, United States of America)
Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.