SERIES 800 ASSAULTIVE AND BATTERY CRIMES
F 852 NOTES
TABLE OF CONTENTS
F 852 Note 1 Evidence of Uncharged Domestic Violence: CALCRIM Cross-References And Research Notes
F 852 Note 2 Other Domestic Violence Offenses: Related Notes
F 852 Note 3 Evidence Of Other Domestic Violence Offenses: Admissibility As To Rape Charge
F 852 Note 4 Prior Acts To Show Criminal Disposition: Admissibility Of Prior Acts Of Good Conduct Offered By Defendant
F 852 Note 5 Permissive Inferences And Burden Of Proof
F 852 Note 6 Instruction Only Applicable To Uncharged Other Crimes
Return to Series 800 Table of Contents.
F 852 Note 1Evidence of Uncharged Domestic Violence: CALCRIM Cross-References And Research Notes
CALCRIM Cross References:
CALCRIM 850 [Testimony On Intimate Partner Battering And Its Effects: Credibility Of Complaining Witness (EC1107(a))]
CALCRIM 851 [Testimony On Intimate Partner Battering And Its Effects: Offered By The Defense (EC 1107(a))]
CALCRIM 853 [Evidence Of Uncharged Abuse Of Elder Or Dependent Person (EC 1109(a)(2))]
CALCRIM 1191 [Evidence Of Uncharged Sex Offense (EC 1108)]
Research Notes:
See CLARAWEB Forum, Assaultive And Battery Crimes—Series 800-900.
F 852 Note 2 Other Domestic Violence Offenses: Related Notes
See FORECITE F 1191 Notes.
CALJIC NOTE: See FORECITE F 2.50.02 n3/2.50.01 n4.
F 852 Note 3 Evidence Of Other Domestic Violence Offenses: Admissibility As To Rape Charge
(See also People v. Poplar (1999) 70 CA4th 1129, 1138-39 [prior acts of domestic violence held admissible under EC 1109 and PC 13700 as definition of domestic violence encompasses the definition of rape; .”..rape is a higher level of domestic violence, a similar act of control”].)
CALJIC NOTE: See FORECITE F 2.50.02 n6.
F 852 Note 4 Prior Acts To Show Criminal Disposition: Admissibility Of Prior Acts Of Good Conduct Offered By Defendant
Rules of evidence such as EC 1108 permit the prosecution to present prior bad acts to prove criminal propensity. However, when such propensity evidence is admitted, the defendant should have a right to defend against the prior acts indirectly by presenting evidence which would disprove the propensity such as prior acts where the defendant exhibited good conduct in similar situations. (See People v. Callahan (1999) 74 CA4th 356.)
CALJIC NOTE: See FORECITE F 2.50.02 n7.
F 852 Note 5 Permissive Inferences And Burden Of Proof
See FORECITE F 1191 Note 20.
F 852 Note 6 Instruction Only Applicable To Uncharged Other Crimes
See CJ 2.50.02, Use Note.
