(a) Exclusionary Discretion 🐧
Apart from fixed rules of exclusion, judges have the discretion to exclude relevant and material evidence where its probative value is outweighed by its 'prejudice.' Here the judge must determine the value of the evidence, based on both its believability and the strength of the inferences it leads to, against the costs presented by such evidence, including matters like the practicalities of its presentation, the fairness to the parties and to witnesses, and the potentially distorting effect the evidence can have on the outcome of the case.