AlfredENeuman
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It's generally accepted that neither Martin's school suspensions for pot nor Zimmerman's history of the assault on the DEA agent or his restraining order will come into trial, and I think that will most likely hold in this trial, but if Zimmerman testifies, I was curious if there was something he could say that would "open the door" and allow the prosecution to tell the jury about it, so I looked it up.
Here's what I found:
http://www.justanswer.com/criminal-law/71med-does-criminal-history-trial-not.html
So my first question is what kind of question could they ask Zimmerman (again, should he take the stand) that would satisfy this standard?
Can they ask him if he, in general, every gets angry? Or if he's ever been in a fight before? Or if he's ever settled his differences with his hands or fists?
I don't think so, but it's an interesting question, since it would certainly hurt his chances if the jury heard this stuff.
Anyway, let's not rehash the other threads here, let's only discuss how prior history might come in to the trial.
Extra points for case law cites.
Here's what I found:
http://www.justanswer.com/criminal-law/71med-does-criminal-history-trial-not.html
The fact that you testify does not open up your criminal record. If, however, you testify in a manner where something you say can be impeached with your record then they prosecution can use it. For example, if you say I've never touched a gun, and you have a conviction for possession of a firearm then they can use it. Use your imagination. If the prosecution thinks they can reasonably use it, they will. If, however, you tell the complete truth while on the stand then you greatly limit their ability to do this.
Prior to your testimony, however, a Sandoval hearing will take place where the prosecution can question you about your criminal past if you testify. Your attorney should state that asking you about prior convictions will be to prejudicial to you and will force you to reconsider testifying.
Usually, this leads to the decision that the prosecution can ask you if you have ever been convicted of a crime but cannot ask the facts underlying the conviction.
So my first question is what kind of question could they ask Zimmerman (again, should he take the stand) that would satisfy this standard?
Can they ask him if he, in general, every gets angry? Or if he's ever been in a fight before? Or if he's ever settled his differences with his hands or fists?
I don't think so, but it's an interesting question, since it would certainly hurt his chances if the jury heard this stuff.
Anyway, let's not rehash the other threads here, let's only discuss how prior history might come in to the trial.
Extra points for case law cites.