I have often heard of cases where people who were innocent of any crime, but were convicted because the prosecution used evidence about the personal lives of the defendant to demonize them and make them look like deviants to a jury. Some examples include bizarre clothes, music, friends, internet use, etc. example, the West Memphis Three. I have heard of many cases where a defendant's prior convictions were not allowed to be revealed so why are irrelevant, and prejudicial details about a defendant's personal life often allowed in court? How can you prevent your personal life from being used against you in court?

By having a clean life. Personal details about life can be brought into evidence if they are relevant. While a person's previous crimes cannot be brought up, their current character is of relevance to most cases.

An example: defendant is accused of illegal sexual contact with a minor. While there is likely not a lot of proof, such things as googling child porn offer a compelling evidence that there might have been intent where a school paper arguing for a higher/lower age of consent might exonerate such a search. Both details are relevant personal items that might be brought up in court.

Or in other words... if it walks like a duck, talks like a duck and acts like a duck, even absenting other proof, its probably a duck.

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Originally Posted by earl237

How can you prevent your personal life from being used against you in court?

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Hello earl:

By having a good lawyer. Even if the rules say that certain information isn't supposed to be presented, if you have a lawyer who doesn't know HOW to keep it out - it gets in.

You make the mistake of assuming that trials happen like they're supposed to. That just isn't so.

excon