What is the test for admitting propensity evidence in a criminal case?
California, United States of America
The following excerpt is from The People v. Archie, No. 07F09020, No. C062881 (Cal. App. 2011):
By its express language, section 1108 requires the court to engage in the weighing process under section 352 before admitting propensity evidence. ( 1108, subd. (a); People v. Falsetta (1999) 21 Cal.4th 903, 917.) In this weighing process, the court must consider factors such as relevance, similarity to the charged offense, the certainty of commission, remoteness, and the likelihood of distracting or inflaming the jury.
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