CA Evidence: Prop 8, Relevance, Public Policy Exclusions

California Prop 8

On an essay that asks you to apply CA law and concerns a criminal case, you should mentioned Prop 8: the “Right to Truth-in-Evidence” amendment to the California Constitution. This amendment makes all relevant evidence admissible in a criminal case even if it is objectionable under the CEC

Exceptions to Prop 8

(1) Exclusionary rules under the US Constitution; (2) Hearsay law; (3) privilege law; (4) limits on character evidence to prove the defendant’s conduct or the victim’s conduct; (5) evidence barred by California’s rape-shield statute; (6) the secondary evidence rule (CA best evidence rule); and CEC 352 (CA version of FRE 403)

General Approach to CA Evidence Law on Essays

(1) Raise all objections under the CEC; (2) for each objection, mention if Prop 8 overrules the objection (relevance and exceptions); (3) if the evidence seems admissible under Prop 8, balance under CEC 352

Relevance Defined:

Evidence is relevant if: (1) it has any tendency to make the existence of a fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence and (2) the fact of consequence is in dispute.

CEC 352

CA equivalent of FRE 403. Even if evidence is relevant, the judge has discretion to exclude it if its probative value is substantially outweighed by the danger of: (1) unfair prejudice, (2) confusion of the issues; (3) misleading the jury; (4) waste of time; (5) undue delay; or (6) needless presentation of cumulative evidence

Subsequent Remedial Measures

In California, evidence of safety measures or repairs after an accident is inadmissible to prove negligence or culpable conduct IN NEGLIGENCE ONLY. Subsequent remedial measures are admissible in strict liability cases

Civil Settlements and Settlement Negotiations

Evidence of settlements, offers to settle, and statements made during settlement negotiations are inadmissible to prove liability or fault. In California, statements made in connection with mediation proceedings, including those made outside the mediation for the purpose of the mediation, are generally inadmissible absent consent from both parties.

Payments and Offers to Pay medical expenses

Evidence of payments or offers to pay medical or similar expenses is inadmissible when offered to prove liability for the injury in question. In California, admissions of fact made in conjunction with payments or offers to pay medical expenses are also inadmissible

Plea Discussions

Offers to plead guilty, withdrawn guilty pleas, pleas of nolo contendere, and statements of facts made during plea discussions are inadmissible under the Federal Rules and the CEC. On essays, raise Prop 8 and mention that even if Prop 8 applies (uncertain), the court may still exclude it for unfair prejudice

Expressions of Sympathy in Civil Cases

In California, expressions of sympathy relating to the pain, suffering, or death of an accident victim are inadmissible in civil cases. However, statements of fault made in connection with such an expression are not excluded

Evidence of Immigration Status in Certain Civil Cases

In California, evidence of a person’s immigration status is not admissible or discoverable in civil actions for personal injury or wrongful death. In all other proceedings, the judge must hold an in camera hearing to determine admissibility

Hospital Quality Records in Civil Cases

The following are inadmissible in civil cases: (1) records of hospital morbidity or mortality studies; and (2) certain proceedings and records of organized hospital committees and peer review bodies

Victim or Witness Acts of Prostitution

In CA, when a person was a victim of a certain crime, or witnessed such a crime, evidence that the person had engaged in an act of prostitution at or around the same time is inadmissible against them in a separate criminal prosecution for prostitution. The qualifying crimes are: (1) any serious felony; (2) assault; (3) domestic violence; (4) extortion; (5) human trafficking; (6) sexual battery; and (7) stalking