Does a lower court's failure to make an explicit finding that the probative value of evidence is not substantially outweighed by the danger of unfair prejudice outweigh the risk of prejudice?

MultiRegion, United States of America

The following excerpt is from U.S. v. Basinger, 60 F.3d 1400 (9th Cir. 1995):

The district court did not make an explicit finding that the probative value of the evidence was not substantially outweighed by the danger of unfair prejudice. However, that failure does not render admission of the evidence improper in this case, because the lower court implicitly made the necessary finding by admitting the evidence after expressly noting his awareness of Rule 403's balancing requirement. See United States v. Ramirez-Jiminez, 967 F.2d 1321, 1326 (9th Cir.1992) (necessary finding was implicitly made where lower court admitted evidence after receiving pretrial motion noting that court had to weigh probative value and prejudice).

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