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JeffGerardi

Joined: 03/08/2006 Posts: 6979
Likes: 1777


Test is Prejudicial v. Probative/Link


This is a good discussion of it in the link. They will get in one prior incident that was deemed to be similar. Also, defense isn't getting in an aggravated robbery arrest of Floyd in 2007. Sometimes referred to as prior bad acts.

I think the logic is you aren't trying Chauvin based on his career, or judging the incident based on arrests that the officers weren't even aware of when they confronted Floyd.

Chauvin not only has a history of complaints regarding violence, but also specifically applying pressure in ways that may or may not have been appropriate. But you can imagine how the case would spiral out of control if they relitigate each of those incidents. While it is unfortunate the jury gets a somewhat incomplete picture, imagine if the prosecution said "he had a complaint in 2015 regarding applying neck restraint." So defense calls four witnesses in relation to that incident? Prosecution does?

Judge has to draw the line somewhere and try and balance out the presentation as best he can.

[Post edited by JeffGerardi at 04/07/2021 2:06PM]

(In response to this post by bufffantheman)

Link: USA Today


Posted: 04/07/2021 at 1:50PM



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Current Thread:
  Defense did well yesterday -- JeffGerardi 04/07/2021 10:38AM
  Nelson has a plan -- bufffantheman 04/07/2021 12:16PM
  Cross is meant for leading questions -- JeffGerardi 04/07/2021 3:22PM
  That seems to be something Nelson has done well -- bufffantheman 04/07/2021 4:43PM
  Re: Cross is meant for leading questions -- Gateway 04/07/2021 4:02PM
  I like the order they are handling it -- JeffGerardi 04/07/2021 1:19PM
  I think there will be something like that -- JeffGerardi 04/07/2021 3:15PM
  Another question regarding evidence -- bufffantheman 04/07/2021 1:35PM
  Test is Prejudicial v. Probative/Link -- JeffGerardi 04/07/2021 1:50PM
  Thanks ** -- bufffantheman 04/07/2021 3:19PM
  Thank you for your thoughts -- bufffantheman 04/07/2021 1:25PM
  That was great reading. Thank you for your analysis. ** -- WinningLeadership 04/07/2021 11:35AM
  Fair question. The answer is in the obvious. -- WinningLeadership 04/07/2021 11:40AM
  19 prior incidents might be a place to start? ** -- Sam Spade Likes This Post 04/07/2021 08:10AM
  Ding, ding, ding. ☝️💯🎯 ** -- WinningLeadership 04/07/2021 11:43AM
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