California
How Bourjaily v. United States applies in California: state-specific rules, key cases, and bar exam notes for Evidence.
In California, the principles from Bourjaily v. United States regarding the admissibility of statements made by co-conspirators apply under California Evidence Code Section 1223. The admissibility of these statements focuses on whether the conspiracy existed and whether the statements furthered its objectives.
California Evidence Code Section 1223 allows the admission of a statement made by a co-conspirator during the course and in furtherance of the conspiracy, following a satisfactory preliminary showing of the conspiracy's existence.
The court found that statements made by co-conspirators were admissible under Evidence Code Section 1223, as long as a conspiracy was shown to exist.
This case upheld the inclusion of co-conspirator statements and established that such statements must be relevant to the conspiracy ongoing at the time.
The court emphasized the necessity of an evidentiary hearing to demonstrate the conspiracy prior to allowing co-conspirator statements into evidence.
California adheres to a similar standard as federal law under Bourjaily, requiring a preponderance of evidence showing conspiracy before admitting co-conspirator statements. However, the California standard may be perceived as incorporating a slightly stricter evidential requirement for establishing the conspiracy than federal practices.
Questions on co-conspirator statements and their admissibility are frequently tested on the California bar exam, specifically focusing on Evidence Code requirements compared to federal rules.