Does the Attorney General have the authority to instruct a jury to consider the evidence for propensity purposes?

California, United States of America


The following excerpt is from People v. Williams, 23 Cal.App.5th 396, 232 Cal.Rptr.3d 671 (Cal. App. 2018):

The Attorney General correctly contends the jury learned defendant was punished for the prior crime, and that the jury was given a limiting instruction which it is presumed to have obeyed (see, e.g., People v. Zack (1986) 184 Cal.App.3d 409, 415-416, 229 Cal.Rptr. 317 ), but then argues that "[t]he prosecutor did not encourage the jury to consider the evidence for propensity purposes, either." We disagree. Although the prosecutor did not use the word "propensity," he discussed the 1991 evidence at great length and insinuated that in 2014 defendant was acting in conformity therewith. Indeed, as the prosecutor had predicted pretrial, his case for first degree murder hinged on the 1991 shooting.

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