What is the test for a motion to exclude evidence in a sexual assault case?

California, United States of America


The following excerpt is from People v. Griffin, 251 Cal.Rptr. 643, 46 Cal.3d 1011, 761 P.2d 103 (Cal. 1988):

When the defendant seeks to exclude evidence under the authority of this section, "the record must affirmatively show that the trial judge did in fact weigh prejudice against probative value.... [T]he reason for the rule is to furnish the appellate courts with the record necessary for meaningful review of any ensuing claim of abuse of discretion; an additional reason is to ensure that the ruling on the motion 'be the product of a mature and careful reflection on the part of the judge'...." (People v. Green (1980) 27 Cal.3d 1, 25, 164 Cal.Rptr. 1, 609 P.2d 468.)

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