When on trial in a criminal case can the defendants previous crimes or criminal record be used by the state/gov't against you. If your on trial lets say for Murder and were convicted in the past for grand theft, can that conviction be used as evidence against you?
Heather Mac
Favorite Answer
No, it cannot be used as evidence against you. The fact that you committed grand theft in your past is irrelevant to whether you committed murder in this instance. They only purpose it would serve would be to prejudice the jury. However, if you chose to testify, the prosecutor can ask if you have been convicted of a felony. But, they cannot go into what the felony was unless you lied and said "no". Of course, if your previous conviction was for a murder that occurred in the same manner as the murder for which you were being tried, the prosecutor could make a motion to get that previous conviction in as evidence of Modus Operandi.
Mr Placid
It depends. Usually previous criminal acts are not admissible, but there are exceptions. The more common ones:
1. Criminal convictions are admissible to prove motive, intent, plan, preparation, opportunity, identity, or common scheme. (See, e.g. Fed. Rules of Evidence 404(b))
2. Criminal convictions are admissible to impeach a witness (attack the credibility of a witnesses' testimony) on cross-examination. Witness includes a defendant who takes the stand in his own defense. (Fed Rules of Evidence 608(b))
There are a few others. But, the bottom line is that prior criminal acts are NOT automatically inadmissible.
jason
Criminal Records Search : http://SearchVerifyInfo.com
peter f
No. Unless the new crime is the same as the old crime. A past murder charge cannot be brought up in a case dealing with breaking and entering or asset unless the person died while you committed the new crime
sensible_man
Normally not. Past crimes are usually entered into court to show a pattern of committing the same type crime. As usual, there are always exceptions.