Prejudicial Evidence, Evidence that has a propensity to improperly sway the fact-decision-making finder's process.
What is Prejudicial Evidence?
- Evidence that has a propensity to improperly sway the fact-decision-making finder's process. If the anticipated detrimental effect of the evidence significantly outweighs its probative value, the court may exclude it.
- The degree to which information affects the jury's emotions, such as sympathy, bias, or hatred, impairing their capacity to render a fair judgment.
- Evidence is unduly biased if its major goal or effect is to win over a jury's sympathies, pique its sense of terror, pique its desire to punish, or awaken other main drivers of human behavior that could lead a jury to base its decision on something other than the case's proven facts.
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