Term
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Definition
| Relevant evidence may be excluded if it's probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury or considerations of undue delay, waste of time, or needless presentation of cumulative evidence. |
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Term
| In California does the issue have to be in dispute to survive a 403? |
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Definition
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Term
| What is the balancing test and factors the judge considers when doing determining 403? |
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Definition
Standard of probative worth
1) Necessity of using evidence
2) Importance of point to be proven
3) ALternative evidence
4) Effectiveness of jury instruction
Negative impact on jury
1) unfair prejudice
2) confusion of issues
3) misleading the jury |
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Term
| When are photo's of the victim allowed and when are they excluded? |
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Definition
Allowed to show condition of the victim after the injury.
Are not allowed to show before and after attack photos; or long after the injury |
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Term
| What must the defendant do in order to exclude gruesome photos? |
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Definition
| D must stipulate to the matters AND the photo's must be unduly prejudicial |
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