What are prior bad acts?
When a defendant is not charged with committing any crime other than the charge or charges in the complaint, oftentimes there is mention of other acts allegedly done by the defendant separate from the crime in question. These “other acts” refer to a legal concept called “other" or "prior" bad acts. Any attorney never wants these of their client before any judge or jury. So, every attorney works hard to investigate each bad act allegation and argue that that allegation should not come before any fact-finder.
How could prior bad acts be used in court?
Evidence of other bad acts is not admissible in court to demonstrate the defendant’s bad character or propensity (inclination) to commit a crime charged. But even though the fact-finder is informed that the act should not be used to prove guilt--it is hard for anyone to not be biased after any bad act. Again, that is why we fight hard to make sure that they don't become part of your trial. Some methods that the government will argue is a reason to show a bad act is that is shows a relationship to something. Below is a more exhaustive list.
However, if they are not too remote in time, they may be admissible in court to show:
- Motive
- Opportunity
- State of mind
- Intent
- Preparation
- Plan
- Pattern of operation
- Common scheme
- Relationship between a defendant and a victim
- Knowledge
- Identity
- Absence
- Mistake
- Accident
Courts instruct jurors to recognize when evidence of other bad acts are utilized in a confusing or exaggerated manner. Using other bad acts in either of these ways is not allowed in court.
Note that a judge may consider impeaching (disqualifying) a witness due to his or her other bad acts if there is a reasonable basis and proof to do so.
IF YOU OR A LOVED ONE HAVE BEEN CHARGED WITH A CRIME OR HAVE A LEGAL QUESTION ON PRIOR BAD ACTS, AND YOU NEED AN EXPERIENCED CRIMINAL DEFENSE LAWYER WORKING ON YOUR SIDE TO PROTECT YOUR RIGHTS, PLEASE CONTACT CRIMINAL DEFENSE ATTORNEY WILLIAM J. BARABINO.
CALL 781-393-5900 TO LEARN MORE ABOUT YOUR AVAILABLE DEFENSES.
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