How is the determination made to exclude prior felonies from impeachment evidence?

The determination to exclude prior felonies from impeachment evidence is based on balancing the probative value of the evidence against its potential prejudicial effect. This means that the court evaluates whether the prior felony is relevant and can help to assess the credibility of the witness, while also considering whether admitting such evidence could unfairly sway the jury or lead to a decision based on emotions rather than facts.

In this context, probative value refers to how much a piece of evidence can contribute to proving an issue in the case, while potential prejudice refers to the risk that the evidence might lead to an unfair bias against the witness or party being impeached. The judge must weigh these two aspects carefully to ensure that the jury receives information that is both useful and fair.

This careful balancing act ensures that evidence used does not simply serve to malign the witness based on past behavior but is relevant and necessary for making a determination related to the case.