The residual discretion to exclude evidence on grounds of trial unfairness does not extend to excluding unreliable evidence where the circumstances making the evidence unreliable are properly exposed to the jury. A lie relating to an essential part of the prosecution case may still constitute an implied admission of guilt where its falsity is established by evidence independent of the ultimate conclusion of guilt. Moderation of general deterrence for mental illness is limited where depression results from conviction and incarceration.
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