Originally Posted By: klydon1
Originally Posted By: olivant
Kly or DT, under what cicumstances are past bad acts usually admitted in a trial?


They can be admitted if the defendant "opens the door." That is to say that if a defendant offers testimony (i.e. he states that he was never in trouble his whole life.)that can be impeached, the prior bad acts can be introduced for the limited purpose of refuting his testimony, and not as evidence to establish that he commited th crime, for which he is presently on trial.

Prior bad acts of defendants and other witnesses are generally excluded as they lack relevance, provide little probative value, and create a risk of unduly prejudicing the defendant.


Klydon is right, but I would add that there is also an exception to allow pripr bad acts in if it can be shown that what happened was part of a pattern and practice. This is not an easy barrier to overcome, and even where a bad person has done the same bad thing two or three times over a lifetime, it ususally is excluded.


"Io sono stanco, sono imbigliato, and I wan't everyone here to know, there ain't gonna be no trouble from me..Don Corleone..Cicc' a port!"

"I stood in the courtroom like a fool."

"I am Constanza: Lord of the idiots."