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Old 06-08-2009, 01:41 PM   #16
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Originally Posted by Lakepilot View Post
Evidence of prior bad acts is usually not admissable to show guilt. It can be admitted to impeach the testimony of the defendant though. As an example if they claim they are excellent drivers. If this evidence was admitted but not to impeach testimony, it would be excellent grounds for reversal on appeal.
I second that. It depends on the nature of the case as to whether or not past behaviors or incidents are admissable as evidence. In example one of my girlfriend's in highschool was sexually assaulted by another peer at a school field trip/camp-out type event. When she was fifteen she was sexually assaulted by her much older brother-in-law and ended up pregnant, raising the child normally. She did attempt to press charges on her brother-in-law but he was aquitted for reasons I do not remember. She feared pressing charges when it happened again in highschool in the event that the Defendant's lawyer would attempt to humiliate her, and make her out to look like someone who always "cries rape" for attention. She was concerned that the Court would not believe her or make it look like she brought it onto herself since it was the second time. Come to find out New Hampshire law states no matter how many times a woman has brought charges against other men for rape; or felonious sexual assault as the crime is called in this state, this is not admissable evidence for the defense to use against her. She did succesfully bring charges against the peer but being a minor he basically got a slap on the wrist, which was the wrong move to make. Turns out the Defendant ended up back in Court six years later as an adult for charges that he was again convicted of; repeated molestation of his own sister

When waiting in Laconia District Court for your own case to be heard you end up with a front row seat to other cases which can vary from traffic violations to civil lawsuits up to $5,000. I remember not too long ago waiting while several inmate's stood trial for various offenses. The Prosecutor did rattle off the entirecriminal records of several Defendant's when it came time to set bail condition's for these people, even if their prior offenses had no relation whatsoever the the matter at hand, so...
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