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Section 28 introduced a "right to truth in evidence". This means that state courts cannot exclude any "relevant evidence" even if gathered in a manner that violates the rights of the accused. The U.S. Constitution takes priority over the California constitution so courts may still be obliged to exclude evidence under the federal Bill of Rights.
Overland argued that the truth-in-evidence provisions of the California Constitution required that the long delay in bringing charges which adversely affected the quality of the evidence which might otherwise have allowed him to make a better case that there were other suspects, or that the evidence against Lazarus was not as solid as the ...
Note that under California Evidence Code ("CEC") §§769, 770, and 1235, prior inconsistent statements may be used for both impeachment and as substantive evidence, even if they were not originally made under oath at a formal proceeding, as long as "the witness was so examined while testifying as to give him an opportunity to explain or to deny ...
As several fires spread across Southern California, President-elect Donald Trump blamed policies from California Gov. Gavin Newsom and President Joe Biden for causing the outbreak. "He is the ...
Despite documented evidence, California police agencies do not agree some of them may have an issue with racial profiling. Between 2016 to 2019 there were 3,500 racial profiling complaints filed ...
California prosecutors will no longer be able to use musical artists' lyrics in criminal trials against them unless they meet specific parameters. It's a change with huge implications for racial ...
One of its provisions, the Truth-in-Evidence Act, eliminated the exclusionary rule for unconstitutionally obtained evidence. The Court rejected Greenwood's claim that the amendment violated the Due Process Clause. It held that so long as the police conduct did not violate federal law, "California could permissibly conclude that the benefits of ...
Kevin Cooper (born Richard Goodman; January 8, 1958) [1] is a prisoner at San Quentin State Prison's death row in California. [2] Cooper was found guilty of four murders in the Chino Hills area of California in 1983.