Prior Convictions Used as Evidence
Re “Should Juries Be in the Dark?” Commentary, Nov. 29: Professor Nora Demleitner should know better. Section 110(b) of the California Evidence Code allows admission of prior criminal convictions and conduct when it is relevant to prove “intent, preparation, plan knowledge.”
In reference to her opening paragraph, the prior conviction could be used, assuming the prior drowning occurred in a bathtub or in a similar manner.
In law, intent is the purpose to use a particular means to effect such a result.
Ron Rothman
Attorney
Manhattan Beach
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Nowhere in her article does Demleitner mention or speculate on the effect of a prior conviction on a defendant prior to facing a jury. Could he have been arrested as “one of the usual suspects”? Seen as a probable score by an overzealous, overburdened prosecution? The jury of his peers may be his last chance.
Robert Goldfarb
Studio City
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