Who does the exclusionary discretion in EAC 137 apply to?

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The exclusionary discretion under EAC 137 applies specifically to the prosecution. This provision allows the prosecution discretion to exclude certain evidence that may be deemed prejudicial or inflammatory, even if it is technically admissible under the rules of evidence. This exclusion is crucial as it aids in ensuring that trials remain fair and focused on the issues at hand without being swayed by irrelevant or excessively damaging evidence.

The focus on the prosecution is significant because it reflects the principle of the state’s responsibility in upholding justice and ensuring fair trial standards. In contrast, the defense is more concerned with presenting evidence that supports its case, and the victim's interests, while important, do not hold the same weight in the application of this particular exclusionary discretion.

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