Chapter 6 - §1. Overview

JurisdictionUnited States

§1. Overview

The final step in analyzing the admissibility of evidence is to determine whether the evidence may be excluded under Evid. C. §352. Even if the evidence is relevant and not limited or excluded by other rules, a court has discretion to exclude it if its probative value is substantially outweighed by the probability that its admission will (1) necessitate undue consumption of time or (2) create a substantial danger of undue prejudice, confusing the issues, or misleading the jury. Id.


Like Evid. C. §352, Evid. C. §352.1 permits the court in certain criminal prosecutions to exclude a victim's current address and telephone number from any criminal proceeding if the evidence's probative value is outweighed by the creation of substantial danger to the victim.

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