by Hurley » Thu Feb 06, 2014 1:58 am
Maybe You can always ask but, as a practical matter, if the defendant did have a past history like that you can be sure that the prosecutor will have already tried to get it in and that the judge will have already decided whether to let it in. Generally, jurors have better luck in getting a judge to let them review a transcript so that they understand the testimony or to give them an explanation of the law that is applicable to their decision. A juror's decision is supposed to be based on the testimony and evidence. They are not supposed to be asking their own questions of the witnesses. That's the defense lawyer's and the prosecutor's job. Of course, the juror is also intended to use his or her own common sense. That's why they are there. If the victim was shot, but there is no gun in evidence, a juror is going to assume that either no gun was found or that it was suppressed for some reason, and to draw conclusions from that even in the absence of testimony. Same thing in your case. If the charge is relatively minor(18 year old boy being prosecuted for statutory rape for consensual sex with his 15 year old girlfriend) but the prosecutor is trying to crucify him, a juror is going to presume either that there is a much bigger history that is not in evidence or that the prosecutor is a religious nut or political opportunist. Those presumptions will affect a verdict even if they are not based on evidence or testimony. JBENZ 72 months ago Please sign in to give a compliment. Please verify your account to give a compliment. Please sign in to send a message. Please verify your account to send a message.