| 11. | If the court determines it was not an admission, it has no probative value at all,
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| 12. | The probative value must merely outweigh unfair prejudice.
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| 13. | The rules of evidence are loosened to that with " probative value to a reasonable person ."
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| 14. | Balancing the probative value versus the prejudicial and undue consumption of court time, the court sustains the objection.
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| 15. | The policy reason for the exclusion of similar-fact evidence is that its prejudicial effect outweighs its probative value.
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| 16. | It certainly has no probative value.
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| 17. | However, since the D'Amato-press standard is the raising of questions, anything is permissible, regardless of its probative value.
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| 18. | The five-page order permits admission of any evidence that have " probative value to a reasonable person ."
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| 19. | The scars probative value is nil.
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| 20. | Evidence of a previous conviction of the accused would be highly prejudicial, but it would have low probative value.
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