Is a defendant's statement of intent to commit a crime a hearsay exception to the hearsay rule?

California, United States of America


The following excerpt is from People v. Robinson, 102 Cal.Rptr.2d 179, 85 Cal.App.4th 434 (Cal. App. 2000):

Defendant also relies on People v. Karis, supra, 46 Cal.3d at pages 635-637, in which the reviewing court stated that a defendant's statements of future criminal conduct that did not relate to any completed crime or specific future crime might simply be statements offered to prove general propensity to commit criminal acts. The court noted that evidence of uncharged bad acts offered to prove propensity is inadmissible under Evidence Code section 1101, subdivision (b), which specifically prohibits propensity evidence. The court then stated that statements of possible future criminal conduct have a potential for prejudice in suggesting propensity to commit crime, and a trial court must therefore carefully examine such statements to see if they qualify as state-of-mind exceptions to the hearsay rule (Evid. Code, 1250), as circumstantial evidence that defendant acted in conformity with his stated intent, and whether the probative value outweighs the prejudicial effect. (People v. Karis, supra, 46 Cal.3d at p. 636.) The court did not hold that a statement that qualifies as a state of mind exception to the hearsay rule is also subject to the requirements of Evidence Code section 1101, subdivision (b) if it is used circumstantially to prove identity.

Other Questions


When a defendant admits committing a crime but denies the necessary intent for the charged crime because of mistake or accident, is intent to commit the crime admissible? (California, United States of America)
What is the test for a finding that a crime committed by appellant was committed with the specific intent to commit a crime against a specific gang member? (California, United States of America)
What is the test for determining whether there were two crimes committed at the same time, one committed with the same intent and objectives, and the other committed with different intentions and objectives? (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)
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)
In what circumstances will the court accept a defendant's statement of intent to commit a crime? (California, United States of America)
In what circumstances will a defendant be found admissible under the hearsay rule under the state of mind exception to hearsay? (California, United States of America)
Does section 654 of the California Criminal Code apply to a defendant who has committed a crime before the crime has been committed? (California, United States of America)
Can a defendant who committed an assault with intent to commit sex crimes such as kidnapping, rape and forcible oral copulation receive a determinate sentence for the assault that followed? (California, United States of America)
If a defendant harbored the intent to kill at the outset, and committed the same crime at the start of the crime, will the special circumstance apply? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.