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Federal Evidence • Proposition 8
EVID#011
Legal Definition
Pursuant to Proposition 8, relevant evidence shall not be excluded in any criminal proceeding. Case law has held, however, that Prop 8 does not affect existing statutory rules relating to privilege, hearsay, Section 352, or character evidence. It does affect witness impeachment rules and, perhaps, some rules pertaining to opinion evidence and writings.
Plain English Explanation
Proposition 8 is weird. It was originally passed back in 1982 as "The Victims' Bill of Rights" and its purpose was to allow evidence to be used against a defendant even if it was gathered in a way that violates the rights of the accused. This means that Prop 8 makes it so relevant evidence can't be excluded in any criminal proceeding... however, nothing in Proposition 8 affects any existing statutory rule of evidence relating to privilege, hearsay, CEC 352, or character evidence.
In other words, in reality and practice, Proposition 8 only affects a small number of evidence rules in criminal cases involving illegally obtained evidence used to impeach a defendant.
Aside from that, it should not change your analysis of character evidence, hearsay, privilege, or CEC 352. Definitely keep it in mind and a part of your mental checklist for California evidence questions, but do not automatically waste time discussing it with each item unless the item is one that Proposition 8 could apply (some type of evidence impeaching a witness).
In other words, in reality and practice, Proposition 8 only affects a small number of evidence rules in criminal cases involving illegally obtained evidence used to impeach a defendant.
Aside from that, it should not change your analysis of character evidence, hearsay, privilege, or CEC 352. Definitely keep it in mind and a part of your mental checklist for California evidence questions, but do not automatically waste time discussing it with each item unless the item is one that Proposition 8 could apply (some type of evidence impeaching a witness).
