CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Character and Reputation Evidence
......Impermissible Uses
13 Cards On This Topic:
  • Expert's testimony regarding workplace violence was "profile" evidence of defendant's guilt and amounted to improper character evidence under FRE 404(a)(1).
  • Evidence D's wife experienced abuse as a child, to show 3d party culpability for abuse of child here, properly excluded as improper propensity evidence; abuse here required no specialized techniques and not similar to wife's experience.
  • W's reputation for being dangerous not relevant to D's claim of self-defense where no evidence D knew of W's dangerousness or of his association with murder Vs and W had only seen D once and did not know his name.
  • Evidence of other crimes impermissibly admitted as evidence of D's propensity to commit similar crimes.
  • Court properly found D's offer to stipulate to prior rape in lieu of V's testimony did not show his good character but was self-serving attempt to lessen impact of rape evidence.
  • Employee complaints about P's behavior were inadmissible character evidence as the complaints' substance had minimal relevance to P's credibility.
  • Evidence of risk factors, and that mothers satisfying some number of these risk factors are more likely to develop postpartum depression and psychosis, amounted to impermissible character evidence.
  • Evidence of the habits and culture of criminal street gangs is irrelevant as D was neither a member nor associate of a criminal street gang.
  • Section 1101(b) should have been used to establish a motive to commit the crime itself, not an act subsequent to the crime.
  • May not use evidence related to charged offense to establish D's culpability related to an uncharged act.
  • Facts from investigative report on racial discrimination and list of gender discrimination complaints made to state agency improperly admitted as character and reputation evidence in gender discrimination trial.
  • Error to allow the prosecution to impeach defendant with conduct underlying prior conviction where defendant did not open the door to such impeachment during his direct testimony.
  • Where appearance of judicial bias, unfairness colors entire record, P need not make affirm. showing of prejudice; test whether ct.'s comments would cause reasonable person to doubt ct.'s impartiality or lack confidence in fairness of proceedings.