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Old 04-26-2013, 05:40 PM
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3 years ago i served on a criminal case for 2 weeks in The Bronx, NY. The defendant was charged with intoxicated operation of a motor vehicle but she was acquitted.

however during the trial the defendant mentioned something about having been arrested for narcotics trafficking and the trial was postponed for the rest of that day for that statement she made

my question is wouldn't that be a moot point as her entire criminal history would be obtained upon fingerprinting, so why would her statement have any impact on the trial? wouldn't the police and all the lawyers already know her history from the fingerprint reports?
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Old 04-26-2013, 07:10 PM
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It was probably seen as unfairly prejudicial. If the narcotics trafficking was unrelated to the offense she was being tried for, then it could affect the defendant's right to a fair trial. Sure, the police and lawyers would know her history but if the jury was aware of the fact that she had a criminal record for other things it could subconsciously cause them to vote "guilty" regardless if the evidence presented at trial was sufficient to support that.
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Old 04-26-2013, 08:51 PM
Location: County of Slight Imperturbation
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I agree with Fruitlassie. We're you told to disregard the statement when you returned to the trial the next day?

The Judge and attorneys probably spent the rest of the day arguing and reaching a decision on whether the entry of her prior crimes into evidence was proper. But if she opened the door with her own statement, it might have been admitted as part of the evidence.

This is in general though, as I am not specifically familar with rules of evidence and the courts in the Bronx.
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Old 04-28-2013, 05:09 PM
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i don't remember as it was in 2010 but it was something i was always curious about. not sure in what context the info was found out. i was an absentee juror and wasn't allowed to attend the deliberations which means i was locked in a room with another absentee juror i didn't get along with. that was misery tho i still enjoyed serving for 2 weeks
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