Can evidence of a witness's involvement in prostitution be excluded at trial?

California, United States of America

The following excerpt is from The People v. Campbell, 76 Cal.App.4th 305, 90 Cal.Rptr.2d 315 (Cal. App. 1999):

Under Evidence Code section 352, a trial court has substantial discretion to exclude evidence of a witness's involvement in prostitution, particularly where the evidence is introduced solely for impeachment. (People v. Phillips (1985) 41 Cal.3d 29, 49-50; People v. Hayes (1992) 3 Cal.App.4th 1238, 1248.) The fact a witness may have previously engaged in prostitution has marginal relevance to the witness's credibility, and has "an obvious potential for embarrassing or unfairly discrediting the witness" and misleading the jury as to the true issues in the case. (People v. Hayes, supra, 3 Cal.App.4th at p. 1248.)

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