Asked in Criminal Law for California

Q: Can the prosecutor use character evidence referring to the defendant's --->

Can the prosecutor use character evidence referring to the defendant's lies in the past to impeach the credibility of his testimony, when the defendant is being accused of premeditated, first-degree murder and the defense is trying to prove that the crime was committed by accident?

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2 Lawyer Answers
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, the prosecution is generally not allowed to introduce evidence of a defendant's prior bad acts to prove that the defendant has a propensity to commit the crime charged. This is known as the "propensity rule" and is set forth in California Evidence Code section 1101.

However, there are exceptions to this rule. One exception is that the prosecution may use evidence of a defendant's prior bad acts to impeach the defendant's credibility as a witness. This is known as "impeachment by prior bad act" evidence and is set forth in California Evidence Code section 787.

Under section 787, evidence of a defendant's prior bad acts may be admitted for the purpose of impeaching the defendant's credibility as a witness, but only if the prior bad act is relevant to the defendant's truthfulness or dishonesty. The evidence must also be limited to what is necessary to impeach the defendant's credibility and must not be used to prove the defendant's guilt.

In the scenario you described, if the defendant takes the stand and testifies that the killing was accidental, the prosecutor may be able to introduce evidence of the defendant's prior lies to impeach the defendant's credibility as a witness. However, the prosecutor would need to show that the prior lies are relevant to the defendant's truthfulness or dishonesty and are necessary to impeach the defendant's credibility.

It is important to note that the admissibility of evidence in a criminal trial is a complex and fact-specific issue. If you are facing criminal charges or have questions about the admissibility of evidence in a criminal trial, it is important to consult with an experienced criminal defense attorney in California.

1 user found this answer helpful

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: Because the D did something bad in the past, is not enough to prove the D did the illegal act this time.

However, IF the D takes the stand to testify, then s/he is putting their credibility on the line. Then Prior Bad Acts can be introduced...unless the judge upholds an objection on probative value grounds.

1 user found this answer helpful

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