What is the test for admitting evidence of criminal intent in a criminal case?
California, United States of America
The following excerpt is from People v. Barker, B233873 (Cal. App. 2013):
We agree that the letters were probative of the prosecution's motive theory and that their probative value was not outweighed by prejudicial effect. "'[B]ecause a motive is ordinarily the incentive for criminal behavior, its probative value generally exceeds its prejudicial effect, and wide latitude is permitted in admitting evidence of its existence.' [Citations.]" (People v. Gonzalez (2005) 126 Cal.App.4th 1539, 1550.) We find no abuse of discretion.
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