California Evidence Code Section 352 Example Case

In People v. Jennings (1991) 53 Cal.3d 334, 372, the Court held that a criminal defendant has a right to present relevant, probative evidence. The Court excluded the defense's proffered evidence relating to some witnesses' alleged concealment of their income from prostitution while they received county welfare benefits. The court found that under Evidence Code section 352, the issue was collateral and only slightly probative of the underlying charges of rapes, murders, arsons, and kidnappings. ( People v. Jennings, supra, at p. 372.)