Why is a balancing test applied only to felonies concerning the admissibility of evidence?

The application of a balancing test to felonies concerning the admissibility of evidence is rooted in the principle that courts have the discretion to exclude evidence in the interest of justice and fairness, particularly when the stakes are substantial. In felony cases, where the potential consequences can include significant prison time or severe impacts on a defendant's life, the court needs to carefully weigh the probative value of the evidence against potential prejudicial effects.

This balancing test allows the court to consider factors such as whether the evidence could unduly sway or influence jurors' perceptions, possibly leading to an unfair trial. It acknowledges that in serious matters, the implications of admitting certain types of evidence can be profound, necessitating a more rigorous review to ensure that the rights of the accused are protected.

In contrast, when it comes to lesser offenses, the impact of the evidence is often seen as less significant, leading to a different standard of review that may not involve such a thorough balancing process.