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CRUISING for SEX - View Single Post - sex in car - someone saw
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  #14  
Old 15th June 2005, 02:20 PM
SamAdams
Cruiser
 
Join Date: Apr 2001
Posts: 29

I'm not a lawyer or a law student, but I have spent more time in a courtroom than _any_ law student and many lawyers. I can assure you that in some jurisdictions and some circumstances, your past can and will be admissible. If you take the stand, your past can be used to impeach you. And even if you don't take the stand, past actions may be introduced to show a propensity.

Since we are talking about California here, let me cite two very recent and very public examples. In the Michael Jackson case, the kid he settled with years ago was allowed to testify about the accusation even though no charges were ever filed. Second, accusations involving Macauly Caulkin were brought out in court, EVEN THOUGH CAULKIN HIMSELF DENIED THEY HAD EVER HAPPENED. I don't know the rules of evidence in California, but there are two examples that prove it can be done....and not by underhanded means.

Teva, I respect you highly. You've given great advise in the past. But a judge does has a remedy if a police officer or prosecutor "slips up". He can declare a mistrial (I've seen dozens), dismiss the charge with prejudice (meaning they can't be refiled), or even hold the guilty party in contempt. And I've seen many a dressing down, which is very humiliating.
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