Chapter 1Evidence of Character, Habit, or Custom
Section § 1100
This law says that, in general, evidence that is relevant and allowed by law can be used to show what kind of person someone is or to highlight a specific characteristic of theirs. This includes opinions about the person, what others say about their reputation, or specific actions they've taken. However, there may be other laws that provide exceptions to this rule.
Section § 1101
This law section in California Evidence Code generally prevents using someone's character or personality traits to argue that they behaved a certain way on a specific occasion. However, it allows such evidence if it's relevant to prove something else, like motive, opportunity, or intent, rather than just showing the person's tendency to act in a certain way. Additionally, evidence can still be used to assess the credibility of a witness.
Section § 1102
This law explains when evidence about a person's character can be used in a criminal case. It says that a defendant can present evidence about their own character to show that their behavior matches that character trait. However, if they do this, the prosecutor is then allowed to provide evidence to challenge or counter the defendant's claim about their character.
Section § 1103
This law deals with the admissibility of character evidence in criminal cases. First, it allows the defense to present evidence about a victim's character traits, but only to show that the victim acted in line with those traits, and the prosecution can counter these claims. Second, if the defense brings up evidence of the victim's violent character, the prosecution can introduce evidence of the defendant's violent character.
In sexual offense cases, the law restricts what evidence about the victim's past sexual conduct can be used by the defense to argue consent, except for conduct involving the defendant. Clothing can't be used as evidence of consent, and the defense can only address sexual conduct if the prosecutor opens that line of evidence. Finally, evidence can be introduced to question the victim's credibility, adhering to specific rules.
Section § 1104
In general, you can't use someone's character trait to show how carefully or skillfully they acted in a specific situation, unless there are exceptions in other sections.
Section § 1105
This law allows you to use evidence of someone's regular habits or routines to show that they acted in the same way during a specific event.
Section § 1106
This law is about what kind of evidence can be used in civil cases related to sexual harassment, assault, or battery. Generally, defendants can't use evidence about a plaintiff's past sexual behavior to prove that the plaintiff consented, wasn't hurt, or to question their honesty. This doesn't apply if the evidence involves the alleged perpetrator or if the plaintiff introduces such evidence first, allowing defendants to respond to it. Special rules apply to cases involving minors, where evidence about their sexual conduct with adults can't be used to argue consent or lack of injury. Evidence is still allowed to question the plaintiff's credibility on topics not related to consent or injury.
Section § 1107
This law allows expert witnesses to testify in criminal cases about how intimate partner battering, which includes physical, emotional, or mental abuse, affects victims' thoughts and actions. However, this testimony cannot be used to prove the defendant committed the abuse. For such testimony to be admitted, it must be relevant, and the expert must be properly qualified. This type of testimony doesn't require proof of being a new scientific method.
The terms 'abuse' and 'domestic violence' are defined by other laws, and this section doesn’t change any existing penalties or legal doctrines. The section used to refer to 'battered women’s syndrome' but now uses the broader term 'intimate partner battering and its effects.' This change, effective from 2005, shouldn't affect earlier legal decisions regarding this type of testimony.
Section § 1107.5
This law says that in a criminal case, both the prosecution and defense can bring in expert witnesses to talk about how human trafficking affects victims. This includes the impact of different types of abuse on victims' thoughts and actions. The person offering this expert testimony must show that it's relevant and that the expert is qualified. Human trafficking victims are specifically defined based on another section of the Penal Code. This is simply a rule about evidence and doesn't change any penalties or crimes in the Penal Code.
Section § 1108
This California law allows evidence of a defendant's other sexual offenses to be used in a trial, provided it meets certain criteria. It doesn't exclude such evidence just because of a different rule, as long as it's not unfairly prejudicial. Prosecutors must share this evidence with the defense, including witness statements or expected testimony. The law defines sexual offenses broadly, including non-consensual contact or attempts thereof, and it specifies conditions where the victim's consent isn't valid.
Section § 1109
In cases where someone is charged with domestic violence, elder abuse, or child abuse, prior similar actions by the defendant can be used as evidence to support the case. However, this is only allowed if such evidence is not excluded by other rules, specifically Section 352, which considers factors like the evidence being too old or not sufficiently proven.
For this evidence to be used, prosecutors must share it with the defense beforehand, including any expected witness testimonies. The law ensures that evidence from more than ten years ago is mostly inadmissible unless it serves justice, and findings from health facility inspections are not allowed. Definitions for abuse of elders and domestic violence help clarify what counts under these terms.