The so-called undue prejudice rule empowers a trial judge to exclude relevant and probative evidence in order to reduce the risk of prejudice and avert other risks and harms.

United States v. McCulley, 178 F.3d 872, 876 (7th Cir. 1999) (upholding trial court's exclusion of portion of defendant's adopted, written statement about incorrect bearings used in starter generators as inadmissible....A "statement" for purposes of the hearsay prohibition against the admission of hearsay statements is (1) an oral or written assertion or (2) nonverbal conduct of a person, if it is intended by the person as an assertion.

Cf. United States v. Jones, 299 F.3d 103, 112-113 (2d Cir. 2002) (upholding trial court's admission of the testimony of Officer Moreland because "Chin's requirement that the [trial] court consider 'the....The right of confrontation guaranteed by the Sixth Amendment to the Constitution of the United States bars the introduction against a criminal defendant of testimonial hearsay by a nontestifying declarant unless (i) the absent declarant is unavailable to testify at trial and (ii) the defendant had an adequate opportunity to cross-examine the absent declarant prior to trial.

Fed. R. Evid. 804(b)(2) ("In a prosecution for homicide or in a civil action or proceeding, a statement made by a declarant while believing that the declarant's death was imminent, concerning the cause or circumstances of what the declarant believed to be impending death.").Federal Rule of Evidence 804(b)(2) or a comparable State rule creates a hearsay exception in a prosecution for homicide or in a civil action or proceeding, for a statement by a declarant made when the declarant believes that his or her death is imminent, about the cause or circumstances of what the declarant believes to be his or her impending death.