Is third party culpability admissible in a murder trial?

California, United States of America


The following excerpt is from People v. Kak, C051777 (Cal. App. 10/30/2008), C051777 (Cal. App. 2008):

Third party culpability evidence is admissible if it is capable of raising a reasonable doubt of the defendant's guilt; but there is no requirement that any evidence, however remote, must be admitted to show a third party's possible culpability for the crime. Evidence of the mere motive or opportunity of another to commit the crime, "`"without more, will not suffice to raise a reasonable doubt about a defendant's guilt: there must be direct or circumstantial evidence linking the third person to the actual perpetration of the crime."' [Citations.] `[I]n making these assessments, "courts should simply treat third-party culpability evidence like any other evidence: if relevant it is admissible [citation] unless its probative value is substantially outweighed by the risk of undue delay, prejudice or confusion [citation]."' [Citation.]" (People v. Prince (2007) 40 Cal.4th 1179, 1242, original italics.)

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