Propostions 8 Here we go!

Victims' Bill of Rights: California Constitution Article I, Section 28
Cutie says: click on this hyper link and read item (d)

Proposition 8 is all about criminal thing. It's not in the CEC. It's in the California Constitution.
So if you get an evidence essay question about a civil case, please forget about Proposition 8.
If you get an evidence essay question, which is about a criminal law case and is in California State Court:
General Rule: Everything relevant can step in.

So how can we protect criminal case defendants?
We use Exceptions: Privilege, Hearsay, CEC 352, 782, 1103.

( I feel like I am Conviser now)

352.  The court in its discretion may exclude evidence if its
probative value is substantially outweighed by the probability that
its admission will (a) necessitate undue consumption of time or (b)
create substantial danger of undue prejudice, of confusing the
issues, or of misleading the jury.



782.  (a) In any of the circumstances described in subdivision (c),
if evidence of sexual conduct of the complaining witness is offered
to attack the credibility of the complaining witness under Section
780, the following procedure shall be followed:
   (1) A written motion shall be made by the defendant to the court
and prosecutor stating that the defense has an offer of proof of the
relevancy of evidence of the sexual conduct of the complaining
witness proposed to be presented and its relevancy in attacking the
credibility of the complaining witness.
   (2) The written motion shall be accompanied by an affidavit in
which the offer of proof shall be stated. The affidavit shall be
filed under seal and only unsealed by the court to determine if the
offer of proof is sufficient to order a hearing pursuant to paragraph
(3). After that determination, the affidavit shall be resealed by
the court.
   (3) If the court finds that the offer of proof is sufficient, the
court shall order a hearing out of the presence of the jury, if any,
and at the hearing allow the questioning of the complaining witness
regarding the offer of proof made by the defendant.
   (4) At the conclusion of the hearing, if the court finds that
evidence proposed to be offered by the defendant regarding the sexual
conduct of the complaining witness is relevant pursuant to Section
780, and is not inadmissible pursuant to Section 352 of this code,
the court may make an order stating what evidence may be introduced
by the defendant, and the nature of the questions to be permitted.
The defendant may then offer evidence pursuant to the order of the
court.
   (5) An affidavit resealed by the court pursuant to paragraph (2)
shall remain sealed, unless the defendant raises an issue on appeal
or collateral review relating to the offer of proof contained in the
sealed document. If the defendant raises that issue on appeal, the
court shall allow the Attorney General and appellate counsel for the
defendant access to the sealed affidavit. If the issue is raised on
collateral review, the court shall allow the district attorney and
defendant's counsel access to the sealed affidavit. The use of the
information contained in the affidavit shall be limited solely to the
pending proceeding.
   (b) As used in this section, "complaining witness" means:
   (1) The alleged victim of the crime charged, the prosecution of
which is subject to this section, pursuant to paragraph (1) of
subdivision (c).
   (2) An alleged victim offering testimony pursuant to paragraph (2)
or paragraph (3) of subdivision (c).
   (c) The procedure provided by subdivision (a) shall apply in any
of the following:
   (1) In a prosecution under Section 261, 262, 264.1, 286, 288,
288a, 288.5, or 289 of the Penal Code, or for assault with intent to
commit, attempt to commit, or conspiracy to commit any crime defined
in any of those sections, except if the crime is alleged to have
occurred in a local detention facility, as defined in Section 6031.4,
or in a state prison, as defined in Section 4504.
   (2) When an alleged victim testifies pursuant to subdivision (b)
of Section 1101 as a victim of a crime listed in Section 243.4, 261,
261.5, 269, 285, 286, 288, 288a, 288.5, 289, 314, or 647.6 of the
Penal Code, except if the crime is alleged to have occurred in a
local detention facility, as defined in Section 6031.4 of the Penal
Code, or in a state prison, as defined in Section 4504 of the Penal
Code.
   (3) When an alleged victim of a sexual offense testifies pursuant
to Section 1108, except if the crime is alleged to have occurred in a
local detention facility, as defined in Section 6031.4 of the Penal
Code, or in a state prison, as defined in Section 4504 of the Penal



1103.  (a) In a criminal action, evidence of the character or a
trait of character (in the form of an opinion, evidence of
reputation, or evidence of specific instances of conduct) of the
victim of the crime for which the defendant is being prosecuted is
not made inadmissible by Section 1101 if the evidence is:
   (1) Offered by the defendant to prove conduct of the victim in
conformity with the character or trait of character.
   (2) Offered by the prosecution to rebut evidence adduced by the
defendant under paragraph (1).
   (b) In a criminal action, evidence of the defendant's character
for violence or trait of character for violence (in the form of an
opinion, evidence of reputation, or evidence of specific instances of
conduct) is not made inadmissible by Section 1101 if the evidence is
offered by the prosecution to prove conduct of the defendant in
conformity with the character or trait of character and is offered
after evidence that the victim had a character for violence or a
trait of character tending to show violence has been adduced by the
defendant under paragraph (1) of subdivision (a).
   (c) (1) Notwithstanding any other provision of this code to the
contrary, and except as provided in this subdivision, in any
prosecution under Section 261, 262, or 264.1 of the Penal Code, or
under Section 286, 288a, or 289 of the Penal Code, or for assault
with intent to commit, attempt to commit, or conspiracy to commit a
crime defined in any of those sections, except where the crime is
alleged to have occurred in a local detention facility, as defined in
Section 6031.4, or in a state prison, as defined in Section 4504,
opinion evidence, reputation evidence, and evidence of specific
instances of the complaining witness' sexual conduct, or any of that
evidence, is not admissible by the defendant in order to prove
consent by the complaining witness.
   (2) Notwithstanding paragraph (3), evidence of the manner in which
the victim was dressed at the time of the commission of the offense
shall not be admissible when offered by either party on the issue of
consent in any prosecution for an offense specified in paragraph (1),
unless the evidence is determined by the court to be relevant and
admissible in the interests of justice.  The proponent of the
evidence shall make an offer of proof outside the hearing of the
jury.  The court shall then make its determination and at that time,
state the reasons for its ruling on the record.  For the purposes of
this paragraph, "manner of dress" does not include the condition of
the victim's clothing before, during, or after the commission of the
offense.
   (3) Paragraph (1) shall not be applicable to evidence of the
complaining witness' sexual conduct with the defendant.
   (4) If the prosecutor introduces evidence, including testimony of
a witness, or the complaining witness as a witness gives testimony,
and that evidence or testimony relates to the complaining witness'
sexual conduct, the defendant may cross-examine the witness who gives
the testimony and offer relevant evidence limited specifically to
the rebuttal of the evidence introduced by the prosecutor or given by
the complaining witness.
   (5) Nothing in this subdivision shall be construed to make
inadmissible any evidence offered to attack the credibility of the
complaining witness as provided in Section 782.
   (6) As used in this section, "complaining witness" means the
alleged victim of the crime charged, the prosecution of which is
subject to this subdivision.
Code.