A pretrial ruling permits a prosecutor to introduce proof of a defendant’s prior convictions to question their credibility in the event that they select to testify. The decide weighs the probative worth of the prior conviction towards the potential for prejudice to the defendant. For instance, if a person is on trial for fraud, a previous conviction for perjury is likely to be admissible to recommend the defendant is just not truthful, thus impacting their believability within the present case.
This willpower is essential for each the prosecution and the protection. For the prosecution, it offers a possible device to problem the defendant’s testimony. For the protection, it requires cautious consideration of whether or not the defendant ought to testify, weighing the dangers of impeachment towards the potential advantages of presenting their facet of the story. Traditionally, these rulings have developed to strike a stability between permitting related proof whereas defending defendants from unfair prejudice based mostly on previous actions.
