What factors must the court consider when deciding whether to admit evidence under section 1108 of the California Code of Civil Procedure?

California, United States of America


The following excerpt is from People v. Gomez, G038446 (Cal. App. 6/25/2008), G038446 (Cal. App. 2008):

As defendant notes, People v. Falsetta, supra, 21 Cal.4th 903, lists factors the court must consider when deciding whether to admit evidence under section 1108. (Id. at pp. 916-917.) These include the "nature, relevance, and possible remoteness [of the other sex crime], the degree of certainty of its commission and the likelihood of [the evidence] confusing, misleading, or distracting the jurors from their main inquiry, its similarity to the charged offense, its likely prejudicial impact on the jurors, [and] the burden on the defendant in defending against the uncharged offense . . . ." (Id. at p. 917.)

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