California, United States of America
The following excerpt is from People v. Hernandez, F075658 (Cal. App. 2020):
"Evidence is substantially more prejudicial than probative [within the meaning of section 352] 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
Page 17
Cal.4th 690, 724.) " 'In other words, evidence 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.' " (People v. Doolin (2009) 45 Cal.4th 390, 439.)
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