What factors must a court consider when deciding whether to admit or deny evidence that does not contain a felony conviction?

When exercising its discretion under Evidence Code section 352, a court must always take into account, as applicable, those factors traditionally deemed pertinent in this area. (See People v. Beagle, supra, 6 Cal.3d at pp. 453-454, 99 Cal.Rptr. 313, 492 P.2d 1; see also People v. Castro, supra, 38 Cal.3d at p. 309, 211 Cal.Rptr. 719, 696 P.2d 111.) But additional considerations may apply when evidence other than felony convictions is offered for impeachment. In general, a misdemeanor--or any other conduct not amounting to a felony--is a less forceful indicator of immoral character or dishonesty than is a felony. Moreover, impeachment evidence other than felony convictions entails problems of proof, unfair surprise, and moral turpitude evaluation which felony convictions do not present. Hence, courts may and should consider with particular care whether [4 Cal.4th 297] the admission of such evidence might involve undue time, confusion, or prejudice which outweighs its probative value. ⁷

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