Is evidence of other crimes or bad acts generally inadmissible when offered to show a defendant had a criminal disposition or propensity to commit the crime charged?

California, United States of America


The following excerpt is from People v. Garay, B290094 (Cal. App. 2019):

Evidence of other crimes or bad acts is generally inadmissible when offered to show a defendant had a criminal disposition or propensity to commit the crime charged. (Evid. Code, 1101, subd. (a); People v. Robertson (2012) 208 Cal.App.4th 965, 989.) Evidence Code section 1108, subdivision (a) creates an exception to this rule: "In a criminal action in which the defendant is accused of a sexual offense, evidence of the defendant's commission of another sexual offense or offenses is not made inadmissible by Section 1101, if the evidence is not inadmissible pursuant to Section 352."

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