What is the test for excluding evidence of prior convictions from the evidence of a defendant's criminal record?

California, United States of America


The following excerpt is from People v. Cratty, B283572 (Cal. App. 2018):

In addition, the trial court may exercise its discretion to exclude evidence of prior convictions under Evidence Code section 352, which allows the trial court 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." (Evid. Code, 352.) "Prejudice for purposes of Evidence Code section 352 means evidence that tends to evoke an emotional bias against the defendant with very little effect on issues, not evidence that is probative of a defendant's guilt." (People v. Crew (2003) 31 Cal.4th 822, 842.)

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