California, United States of America
The following excerpt is from People v. Johnson, F066878 (Cal. App. 2015):
"The court in its discretion may 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,' as used in Evidence Code section 352, is not synonymous with 'damaging.'" (People v. McCurdy (2014) 59 Cal.4th 1063, 1095.) "Rather, it refers to evidence that uniquely tends to evoke an emotional bias against the defendant as an individual, and has little to do with the legal issues raised in the trial." (Ibid.; see People v. Doolin (2009) 45 Cal.4th 390, 439 ["'[E]vidence should be excluded as unduly prejudicial when it is of such nature as to inflame the emotions of the jury, motivating them to use the information, not to logically evaluate the point upon which it is relevant, but to reward or punish one side because of the jurors' emotional reaction. In such a circumstance, the evidence is unduly prejudicial because of the substantial likelihood the jury will use it for an illegitimate purpose.'"].)
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