What is the effect of section 352 of the Alberta Evidence Code on "prejudice" under section 352(1) of the Evidence Code?

California, United States of America


The following excerpt is from The People v. Lightner, A124956, No. CR081966S (Cal. App. 2010):

Section 352 grants the court discretion to "exclude evidence if its probative value is substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury." "The 'prejudice' referred to in Evidence Code section 352 applies to evidence which uniquely tends to evoke an emotional bias against defendant as an individual and which has very little effect on the issues. In applying section 352, 'prejudicial' is not synonymous with 'damaging.' " (People v. Yu (1983) 143 Cal.App.3d 358, 377.)

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