Luke wrote:
*ProfessGamer should be able to "lay down the law" on this.
I am not familiar with the details of the case, but here is my reading of the judge's ruling:
Whether Trayvon Martin used marijuana or committed violent acts before the incident in question is not - in and of itself - relevant to whether the defendant acted in self defense. Moreover, evidence of Trayvon Martin's past criminal activity is extremely prejudicial to the prosecution. (That is, the evidence might persuade a juror to acquit the defendant based solely on his or her opinion of Trayvon Martin's character.) Accordingly, evidence of Trayvon Martin's past criminal activity probably will not be admissible into evidence at trial unless the prosecution "opens the door" for its admission. There are multiple ways that this could happen, but the most likely way would be placing Trayvon Martin's character at issue. So, for example, if a the prosecution - hoping to prove that Trayvon Martin was not the aggressor - introduced evidence or testimony regarding his gentle, law-abiding nature, the defense would be able to introduce evidence of Trayvon Martin's past criminal behavior, including the texts and photographs:
Prosecution: "How do you know that Trayvon Martin was not the aggressor?"
Prosecution Witness: "Trayvon Martin was as gentle as a lamb. He would never hurt anyone, and he never used any mind-altering substances like marijuana. It just wasn't in his nature..."
Defense: "Oh, really? Are you so sure about that? Wait until you see these..." <pulls out photographs and text messages>
(Obviously, that is not exactly how it would happen in a court of law, but you hopefully get the point.)
Opening statements, however, are made
before anything is admitted into evidence, and it is unclear at that point whether the prosecution will "open the door" and whether the defense will be able to admit evidence of Trayvon Martin's past criminal activity at trial. Courts routinely do not allow the parties to discuss contested evidence during their opening statements, and I suspect that is what happened here. That is: (1) there is a dispute as to whether the defense will be allowed to admit evidence of Trayvon Martin's past criminal activity at trial; (2) the Court - wisely - deferred ruling on the evidentiary issue until it sees how the other evidence develops; but (3) until it has ruled on the evidence's admissibility, it will not allow the parties to discuss the evidence - and certainly not during their opening statements. (If the evidence is ultimately admitted at trial, however, the jurors will be allowed to view the pictures and read the texts, and the defense will be allowed to discuss it during its closing.)
Personally, I see why the defense wants to admit the evidence here, and I would try to do the same thing if I were the defense attorney. Whether Trayvon Martin used marijuana and engaged in other violent acts, however, is ultimately irrelevant to whether he was the aggressor on the night in question. (That is, the fact that he had smoked marijuana before and been in fights before does not prove that he started the fight which provoked the shooting.) Moreover, the evidence is extremely prejudicial to the prosecution's case. Accordingly, if I were the judge, I also would not put it in front of the jury unless the prosecution "opened the door" for its admission.
o.pwuaioc wrote:The same crap is pulled with women and rape. "Oh, look, she has sex with different people, therefore she's a slut and must have wanted it."
Rape shield laws - rightfully - prevent this from happening any more.
Luke wrote:
But when you ask a jury "Who do you trust?", character plays a huge part.
I would agree with you, but Trayvon Martin - obviously - is not going to be taking the stand at trial. Accordingly, there is no reason to impeach his character or truthfulness unless the prosecution puts them at issue.
Interestingly, past criminal activity is always relevant to prove the character or truthfulness of a witness, and for this reason, many criminal defendants do not take the stand in their own defense. If they did, the prosecution could use evidence of past criminal activity to show that they did not have good character or to persuade the jurors that they should not believe the defendants' testimony. (That said, when you introduce evidence that guy on trial for dealing drugs has been convicted of dealing drugs 20+ times in the past, the jury does not use that evidence solely to determine the veracity of the defendants' testimony.) Criminal defense attorneys view this evidence as so prejudicial - and they view the bias against people with prior convictions as so strong - that they will often discourage their clients from taking the stand in their own defense for fear that the prosecution will introduce evidence of past criminal activity.