How do we balance the probative value of evidence against prejudicial effect on the defense?

California, United States of America


The following excerpt is from People v. Harrison, A129229 (Cal. App. 2012):

Against the probative value of the evidence we balance its prejudicial effect on the defense. "In general, 'the probative value of the evidence must be balanced against four factors: (1) the inflammatory nature of the uncharged conduct; (2) the possibility of confusion of issues; (3) remoteness in time of the uncharged offenses; and (4) the amount of time involved in introducing and refuting the evidence of uncharged offenses.' [Citation.]" (People v. Daniels (2009) 176 Cal.App.4th 304, 316.)

Other Questions


Does a court have to balance the probative value of evidence against its potential prejudicial effect? (California, United States of America)
Does the use of evidence of criminal street gang activity by a defendant to establish a predicate offence in a prosecution for active participation in a criminal gang constitute prejudicial or prejudicial evidence? (California, United States of America)
Is exclusion of evidence intended to avoid prejudice or damage to a defense that naturally flows from relevant, highly probative evidence? (California, United States of America)
What is the cumulative prejudicial effect of prosecutorial misconduct and the erroneous admission of highly prejudicial evidence? (California, United States of America)
What is the current state of the law on discretion of the trial court in assessing the probative value of evidence under section 352 of the Evidence Code? (California, United States of America)
Does section 1108 of the California Evidence Code bar "propensity evidence" from being considered unduly prejudicial to the defense? (California, United States of America)
What is the probative value of evidence that a defense expert's opinion that defendant would adjust well to life imprisonment? (California, United States of America)
In a murder case, what is the probative value of an autopsy photograph and its prejudicial effect? (California, United States of America)
What is the probative value of evidence in a sexual assault case where the evidence is not related to the charged offence? (California, United States of America)
What is the effect of a probation condition that states that Lugo must not use force or violence against any person except in lawful self-defense or lawful defense of others? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.