Criminal Law

California Limits Use Of Artistic Expressions In Legal Proceedings – Crime

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One of many extra uncommon payments enacted by the legislature this
yr considerations the usage of “artistic expression” in
felony proceedings. 
 AB 2799 (Jones-Sawyer) defines “artistic
expression” because the “expression or utility of
creativity or creativeness within the manufacturing or association of
types, sounds, phrases, actions, or symbols, together with, however not
restricted to, music, dance, efficiency artwork, visible artwork, poetry,
literature, movie, and different such objects or media”.  Cal.
Evid. Code § 352.2(c).   Present legislation, Proof
Code § 352 permits a courtroom in its discretion to exclude
proof if “its probative worth is considerably outweighed
by the likelihood that its admission will (a) necessitate undue
consumption of time or (b) create substantial hazard of undue
prejudice, of complicated the problems, or of deceptive the
jury”.  AB 2799 requires a courtroom in making this
willpower to additionally contemplate:

  •  the probative worth of such expression for its literal
    fact or as a truthful narrative is minimal until that expression
    is created close to in time to the charged crime or crimes, bears a
    adequate degree of similarity to the charged crime or crimes, or
    contains factual element not in any other case publicly out there; and

  • undue prejudice contains, however shouldn’t be restricted to, the
    risk that the trier of truth will, in violation of Part
    1101, deal with the expression as proof of the defendant’s
    propensity for violence or basic felony disposition in addition to
    the likelihood that the proof will explicitly or implicitly
    inject racial bias into the proceedings.

The brand new legislation additionally requires the courtroom to think about specified
extra proof and make its willpower outdoors the presence
of the jury.  

The invoice’s legislative historical past means that the first
impetus of the invoice was the usage of Rap lyrics in felony
proceedings, the definition of “artistic expression” is
sufficiently broad to embody any sort of music or literary
style, together with social media posts and private letters and different

The content material of this text is meant to supply a basic
information to the subject material. Specialist recommendation needs to be sought
about your particular circumstances.

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