Multistate Bar Examination Practice Question

During a trial, the prosecution seeks to introduce evidence that a defendant previously committed a minor theft. While this evidence might suggest a propensity for dishonesty, the defense argues that its potential to unfairly prejudice the jury outweighs its relevance. What is the BEST reason the court should exclude this evidence?

  • The evidence is irrelevant to the issues being tried in the case.

  • The evidence violates the defendant's right to confront witnesses.

  • The evidence constitutes hearsay and lacks an applicable exception.

  • The evidence's probative value is outweighed by the risk of unfair prejudice.

Multistate Bar Examination
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