Technological evidence may not be admitted in court if its probative value is outweighed by its prejudicial effects or potential to confuse the jury.

Question

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Courts often apply a balancing test to determine if the probative value of technological evidence (its ability to prove something relevant to the case) is outweighed by its potential prejudicial effects (risk of unfairly influencing the jury) or if it could confuse the jury, in which case it may not be admitted.

Technological Evidence May Not Be Admitted in Court If Its