What is considered prejudicial or probative evidence at trial?

California, United States of America

The following excerpt is from People v. Rosas, H038879 (Cal. App. 2015):

"Broadly speaking, evidence tends to be more prejudicial than probative when it poses an intolerable risk to the fairness of the proceedings or reliability of the outcome. [Citation.]" (People v. Lucas (2014) 60 Cal.4th 153, 231 (Lucas).) "For purposes of a[n Evidence Code] section 352 analysis, evidence is unduly prejudicial if it tends to create an emotional bias against a defendant that could inflame the jury, while also having a negligible bearing on the issues. [Citation.]" (Id. at p. 268.)

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