|
Joined: Dec 2011
Posts: 1,041
Campfire Regular
|
OP
Campfire Regular
Joined: Dec 2011
Posts: 1,041 |
Let's say you're on a jury for a felony larceny case. The facts are slightly merky depending on how credible you find the defendant but the verdict could reasonably go either way. The defendant is a pretty young mom. She takes the stand in her own defense. Then on cross you find out she has 4 prior larceny convictions, 2 of which are felonies, and one of which was pending when this alleged crime happened. She is facing up to 60 years on this incident, several different charges one crime.
How likely are you to be swayed by her prior convictions to find her guilty in this case? How likely are you to use it to hammer her on sentencing despite her being a pretty young mom?
|
|
|
|
Joined: Mar 2007
Posts: 9,209 Likes: 3
Campfire Outfitter
|
Campfire Outfitter
Joined: Mar 2007
Posts: 9,209 Likes: 3 |
Was that evidence argued, or did you discover it?
Pretty young mom means nothing.
I would not buy something that runs on any kind of primer given the possibility of primer shortages and even regulations. In fact, why not buy a flintlock? Really. Rocks aren't going away anytime soon.
|
|
|
|
Joined: May 2008
Posts: 25,526 Likes: 3
Campfire Ranger
|
Campfire Ranger
Joined: May 2008
Posts: 25,526 Likes: 3 |
Me?......not likely. 😉
Violence, especially directed at children, women, elderly, disabled.....I’m likely. Theft without force?.....🙄
�Politicians are the lowest form of life on earth. Liberal Democrats are the lowest form of politician.� �General George S. Patton, Jr.
--------------------------------------------------------- ~Molɔ̀ːn Labé Skýla~
|
|
|
|
Joined: Dec 2011
Posts: 1,041
Campfire Regular
|
OP
Campfire Regular
Joined: Dec 2011
Posts: 1,041 |
The evidence relies on the credibility of different witnesses. If you believe several prosecution witnesses, then she is guilty. If you believe her, then you can find her not guilty. Without her testimony, she has no defense. So the whole defense comes down to her credibility, which tends to be impeached by her record of felonies and crimes of moral terpitude.
|
|
|
|
Joined: Nov 2012
Posts: 671
Campfire Regular
|
Campfire Regular
Joined: Nov 2012
Posts: 671 |
1. Very 2. Pretty young mom has nothing to do with it.
|
|
|
|
Joined: Jan 2012
Posts: 67,142 Likes: 31
Campfire Kahuna
|
Campfire Kahuna
Joined: Jan 2012
Posts: 67,142 Likes: 31 |
60 years for larceny
Holy fook, Singapore?
|
|
|
|
Joined: Dec 2011
Posts: 1,041
Campfire Regular
|
OP
Campfire Regular
Joined: Dec 2011
Posts: 1,041 |
|
|
|
|
Joined: Sep 2010
Posts: 41,575 Likes: 10
Campfire 'Bwana
|
Campfire 'Bwana
Joined: Sep 2010
Posts: 41,575 Likes: 10 |
I didn't think prior convictions were supposed to be brought up in an active case, and could be grounds for dismissal if it happens.
Make Gitmo Great Again!! Who gave the order to stop counting votes in the swing states on the night of November 3/4, 2020?
|
|
|
|
Joined: Jan 2006
Posts: 19,816 Likes: 1
Campfire Ranger
|
Campfire Ranger
Joined: Jan 2006
Posts: 19,816 Likes: 1 |
I would have to see the testimony for myself to answer..
There are statutes to cover multiple offenses. Follow the law as it applies.
"Be sure you're right. Then go ahead." Fess Parker as Davy Crockett
|
|
|
|
Joined: Dec 2013
Posts: 44,373 Likes: 7
Campfire 'Bwana
|
Campfire 'Bwana
Joined: Dec 2013
Posts: 44,373 Likes: 7 |
I didn't think prior convictions were supposed to be brought up in an active case, and could be grounds for dismissal if it happens. That was the case in the last trial I was a jury member.
Slaves get what they need. Free men get what they want. Rehabilitation is way overrated. Orwell wasn't wrong. GOA member disappointed NRA member 24HCF SEARCH
|
|
|
|
Joined: Dec 2011
Posts: 1,041
Campfire Regular
|
OP
Campfire Regular
Joined: Dec 2011
Posts: 1,041 |
I didn't think prior convictions were supposed to be brought up in an active case, and could be grounds for dismissal if it happens. can be used to impeach the credibility of any witness
|
|
|
|
Joined: Dec 2004
Posts: 3,639
Campfire Tracker
|
Campfire Tracker
Joined: Dec 2004
Posts: 3,639 |
ignore the priors.....make your decision solely on the evidence presented. The proof must beyond a shadow of a doubt.
|
|
|
|
Joined: Dec 2013
Posts: 44,373 Likes: 7
Campfire 'Bwana
|
Campfire 'Bwana
Joined: Dec 2013
Posts: 44,373 Likes: 7 |
I didn't think prior convictions were supposed to be brought up in an active case, and could be grounds for dismissal if it happens. can be used to impeach the credibility of any witness I believe he's talking about the defendant.
Slaves get what they need. Free men get what they want. Rehabilitation is way overrated. Orwell wasn't wrong. GOA member disappointed NRA member 24HCF SEARCH
|
|
|
|
Joined: Dec 2011
Posts: 1,041
Campfire Regular
|
OP
Campfire Regular
Joined: Dec 2011
Posts: 1,041 |
I didn't think prior convictions were supposed to be brought up in an active case, and could be grounds for dismissal if it happens. can be used to impeach the credibility of any witness I believe he's talking about the defendant. but that includes the defendant if they testify
|
|
|
|
Joined: Jan 2010
Posts: 13,164 Likes: 1
Campfire Outfitter
|
Campfire Outfitter
Joined: Jan 2010
Posts: 13,164 Likes: 1 |
She's bound to be guilty 'r she wouldn't be here! Starboard gun...FIRE!
P
Obey lawful commands. Video interactions. Hold bad cops accountable. Problem solved.
~Molɔ̀ːn Labé Skýla~
Member #547 Join date 3/09/2001
|
|
|
|
Joined: Dec 2005
Posts: 10,285 Likes: 1
Campfire Outfitter
|
Campfire Outfitter
Joined: Dec 2005
Posts: 10,285 Likes: 1 |
ignore the priors.....make your decision solely on the evidence presented. The proof must beyond a shadow of a doubt. Actually, it's reasonable doubt.....
"...A man's rights rest in three boxes: the ballot box, the jury box and the cartridge box..." Frederick Douglass, 1867
( . Y . )
|
|
|
|
Joined: Mar 2010
Posts: 24,261 Likes: 7
Campfire Ranger
|
Campfire Ranger
Joined: Mar 2010
Posts: 24,261 Likes: 7 |
Let's say you're on a jury for a felony larceny case. The facts are slightly merky depending on how credible you find the defendant but the verdict could reasonably go either way. The defendant is a pretty young mom. She takes the stand in her own defense. Then on cross you find out she has 4 prior larceny convictions, 2 of which are felonies, and one of which was pending when this alleged crime happened. She is facing up to 60 years on this incident, several different charges one crime.
How likely are you to be swayed by her prior convictions to find her guilty in this case? How likely are you to use it to hammer her on sentencing despite her being a pretty young mom? Surprised the defense allowed her priors and pending case to be introduced in trial. Unheard of
Last edited by ribka; 11/30/20.
|
|
|
|
Joined: Apr 2019
Posts: 6,030
Campfire Tracker
|
Campfire Tracker
Joined: Apr 2019
Posts: 6,030 |
Let's say you're on a jury for a felony larceny case. The facts are slightly merky depending on how credible you find the defendant but the verdict could reasonably go either way. The defendant is a pretty young mom. She takes the stand in her own defense. Then on cross you find out she has 4 prior larceny convictions, 2 of which are felonies, and one of which was pending when this alleged crime happened. She is facing up to 60 years on this incident, several different charges one crime.
How likely are you to be swayed by her prior convictions to find her guilty in this case? How likely are you to use it to hammer her on sentencing despite her being a pretty young mom? Didn't the judge tell you to not discuss the case with anyone and to not use social media? That is a pretty standard instruction these days.
Tarquin
|
|
|
|
Joined: Sep 2011
Posts: 45,180 Likes: 17
Campfire 'Bwana
|
Campfire 'Bwana
Joined: Sep 2011
Posts: 45,180 Likes: 17 |
Interesting question you're posing.
Did the judge give thorough instructions as to how to evaluate the evidence in regards to the laws of the jurisdiction?
Juries can be a fickle beast. I know of one case where a likely guilty party was off the hook due to a hung jury. Hung because one member decided to think along the lines of "well, he might have done this and not what the evidence shows. It's what I would have done"
I'd have to base a decision on the facts of the case as presented. If the priors were introduced and allowed to stand, then I'd have to take that into consideration. In the case you mention, I'd have to consider the veracity of the prosecution witnesses also, and perhaps their motives if any.
The desert is a true treasure for him who seeks refuge from men and the evil of men. In it is contentment In it is death and all you seek (Quoted from "The Bleeding of the Stone" Ibrahim Al-Koni)
member of the cabal of dysfunctional squirrels?
|
|
|
|
Joined: Dec 2011
Posts: 1,041
Campfire Regular
|
OP
Campfire Regular
Joined: Dec 2011
Posts: 1,041 |
Let's say you're on a jury for a felony larceny case. The facts are slightly merky depending on how credible you find the defendant but the verdict could reasonably go either way. The defendant is a pretty young mom. She takes the stand in her own defense. Then on cross you find out she has 4 prior larceny convictions, 2 of which are felonies, and one of which was pending when this alleged crime happened. She is facing up to 60 years on this incident, several different charges one crime.
How likely are you to be swayed by her prior convictions to find her guilty in this case? How likely are you to use it to hammer her on sentencing despite her being a pretty young mom? Didn't the judge tell you to not discuss the case with anyone and to not use social media? That is a pretty standard instruction these days. To be sure this is hypothetical and I'm not sitting on any jury.
|
|
|
|
250 members (2500HD, 204guy, 16penny, 219 Wasp, 17CalFan, 257robertsimp, 33 invisible),
2,288
guests, and
1,234
robots. |
Key:
Admin,
Global Mod,
Mod
|
|
Forums81
Topics1,192,240
Posts18,485,882
Members73,967
|
Most Online11,491 Jul 7th, 2023
|
|
|
|