Rape Conviction Overturned Because Evidence of an Uncharged Act Introduced?

Evidence Code § 1108 allows a judge to approve the introduction of evidence of defendant having committed a prior uncharged sex crime. The purpose of the evidence must be to prove that defendant had a propensity to commit such types of crimes.  This can be hotly fought over because, after all, the crime was not charged, so the evidence may be quite unreliable and thus, unduly prejudicial to defendant.  When does a judge go too far in letting in such evidence?  Click on the following link to find out.


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