California, United States of America
The following excerpt is from People v. Guillebeau, 107 Cal.App.3d 531, 166 Cal.Rptr. 45 (Cal. App. 1980):
In determining if such evidence should be admitted, the court must consider whether the probative value of the proffered evidence is outweighed by the probability that its admission would "create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury." (Evid.Code, 352.) In line with these principles it has been said that "(i)n a criminal case, evidence which simply affords a possible ground of suspicion against a third person is generally excluded as unduly prejudicial." (People v. Whitney (1978) 76 Cal.App.3d 863, 869-870, 143 Cal.Rptr. 301, 304.) The rationale for this rule is that "the prosecution as well as the defendant is entitled to the protection of the court from prejudicial evidence." (People v. Arline (1970) 13 Cal.App.3d 200, 205, 91 Cal.Rptr. 520, 523.)
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