What is the standard of evidence used to prove identity in criminal cases?

California, United States of America


The following excerpt is from People v. Mitchell, F067987 (Cal. App. 2015):

Evidence admissible to prove intent must only support the inference that the defendant probably possessed the same intent in each instance. (People v. Ewoldt, supra, 7 Cal.4th at p. 402.) However, evidence relevant to prove identity requires the greatest degree of similarity between the charged and uncharged offense such that "'[t]he pattern and characteristics of the crimes must be so unusual and distinctive as to be like a signature.' [Citation.]" (People v. Ewoldt, supra, 7 Cal.4th at p. 403.)

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