What is the test for determining whether a piece of evidence is relevant or prejudicial?

California, United States of America


The following excerpt is from People v. Duff, S105097 (Cal. 2014):

Evidence must be relevant to be admissible. (Evid. Code, 350.) Moreover, even if relevant, it may be excluded if the court determines that its prejudicial impact substantially outweighs any probative value. (Id. 352.) We afford trial courts wide discretion in assessing whether in a given case a particular piece of evidence is relevant and whether it is more prejudicial than probative. (See People v. Homick (2012) 55 Cal.4th 816, 865; People v. Tully, supra, 54 Cal.4th at p. 1010.)

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