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Please Help! Tennessee

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  • Please Help! Tennessee

    If you are in trouble with the law and you have to go before of a judge, can your criminal history be used against you for the crime for which you are going before the judge?

  • #2
    Of course it can. Why on earth would you think otherwise?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Well, my sister was murdered about a year ago. There were 4 guys involved and they all had very heavy criminal records and one of them was actually on parole for attempted murder. At their trial their criminal history was not brought up. When I asked the DA and the detectives they said their criminal history could not be brought up in the trial. The jury wasn't even aloud to know that they were in jail. They were walking around freely without cuffs. Why??

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      • #4
        I don't know why. I don't know the circumstances.

        I do know that if an individual has a history of committing the same kind of crime, that can be a factor. That's why we have third-strike laws in some states.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          During trials prosecutors are usually prohibited from bringing up "prior bad acts" because they could be unduly prejudicial. A judge, however, can consider past criminal history, such as during sentencing.

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          • #6
            There are circumstances when you can bring up history at trial but they're pretty limited.
            Militant Agnostic- I don't know and you don't know either.

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            • #7
              If the history is relevant, it can be used in a trail. For example, if the defendant had a history of assaulting the same person he assaulted in the case before the court, it is admissible. But stealing a car from someone else is not admissible in that case.

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