California, United States of America
The following excerpt is from People v. Bickham, A137657 (Cal. App. 2015):
" ' "uniquely tends to evoke an emotional bias" ' " and " ' "which has very little effect on the issues" ' " (italics omitted)].) "Evidence is substantially more prejudicial than probative [citation] if, broadly stated, it poses an intolerable 'risk to the fairness of the proceedings or the reliability of the outcome' [citation]." (People v. Waidla (2000) 22 Cal.4th 690, 724.) "[T]he balancing process mandated by section 352 requires 'consideration of the relationship between the evidence and the relevant inferences to be drawn from it, whether the evidence is relevant to the main or only a collateral issue, and the necessity of the evidence to the proponent's case as well as the reasons recited in section 352 for exclusion.' " (People v. Wright (1985) 39 Cal.3d 576, 585.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.