Q: What is the difference between propensity evidence and habit evidence?

A: In California, propensity evidence and habit evidence are both types of evidence that can be used in a legal case, but they are distinct concepts with different legal implications.

Propensity evidence refers to evidence of a person's character or disposition that suggests that they are more likely to have committed a particular act. This type of evidence is generally inadmissible in California, under California Evidence Code Section 1101(a), which prohibits the use of evidence of a person's character or character traits to prove that they acted in conformity with that character or trait on a particular occasion.

Habit evidence, on the other hand, refers to evidence of a person's consistent and repeated behavior in a particular situation. Habit evidence may be admissible under California Evidence Code Section 1105, which allows evidence of a person's habit or routine practice to prove that they acted in conformity with that habit or practice on a particular occasion.

The main difference between propensity evidence and habit evidence is that propensity evidence relates to a person's general character or disposition, while habit evidence relates to a specific pattern of behavior in a particular situation. Propensity evidence is generally inadmissible because it can be highly prejudicial and unfairly influence a jury's decision. Habit evidence, on the other hand, may be admissible if it is relevant and probative to the issues in the case.

A: propensity evidence and habit evidence:

Propensity evidence involves the general character or disposition.

Habit evidence involves a habit or pattern of behavior.

Propensity evidence is normally not admissible.

Habit evidence may be admissible if it is relevant and probative to the issues in the case.