·     

All relevant evidence is admissible in a criminal case, even if it is objectionable under the CEC.

Exceptions to Prop 8: (These objections are not overruled by Prop 8)

·      Exclusionary rules under the US Constitution such as Confrontation Clause.

·      Hearsay Law

·      Privileges Law

·      Limits on character evidence to prove the D’s conduct

·      Limits on character evidence to prove the Victim’s conduct

·      The Secondary Evidence Rule (CA’s Best Evidence Rule)

·      CEC 352 provision that gives the court the power to exclude evidence if unfair prejudice substantially outweighs probative value.

Relevance

Irrelevant evidence is inadmissible.  Relevant evidence might be admissible.

RULE: Evidence is relevant if it has any tendency to make the existence of any fact that is of consequence to the determination of the action more or less probable than it would be without the evidence.

·      “Of consequence” -  will be determined by the substantive law

o   In CA, the fact of consequence must be in dispute.

·      “More or less probable” – will be determined by common sense.

RULE: Even if evidence is relevant the court has discretion to exclude if probative value is substantially outweighed by unfair prejudice, confusion or waste of time.

Relevant evidence will be excluded for policy reasons in the following situations:

·      1. Liability insurance

·      2. Subsequent Remedial Measures –

·      3. Settlement offers, offers to settle and pleas

·      4. Payments or offers to pay medical bills

·      5. Expressions of Sympathy (CA)