Is exclusion of evidence designed to avoid prejudice or damage to a defense that naturally flows from relevant, highly probative evidence?

California, United States of America


The following excerpt is from The People v. Harding, B212782, No. GA059066 (Cal. App. 2010):

"The prejudice which exclusion of evidence under Evidence Code section 352 is designed to avoid is not the prejudice or damage to a defense that naturally flows from relevant, highly probative evidence.... 'The "prejudice" referred to in Evidence Code section 352 applies to evidence which uniquely tends to evoke an emotional bias against the defendant as an individual and which has very little effect on the issues. In applying section 352, "prejudicial" is not synonymous with "damaging." ' [Citation.]" (People v. Karis (1988) 46 Cal.3d 612, 638.)

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