BM's Affairs. Evidence of What?
@marylamby bbm sbm I don’t know about ridiculous, but I'd disagree about archaic
. Not offended, been called worse.
My earlier post did not say or imply that I think "jurors will think...
women need to be
above reproach."
bbm ibm
Respectfully asking that anyone who drew this conclusion from my post to re-read it (#38).
My post addressed a post about possibility that BM's affairs might be used as evidence on issue of BM's honesty and integrity. Hoping now to clarify my earlier points.
1.
Honesty? Prosecutor has clearly admissible evidence of many BM's stmts to LE (some audio recorded) & to others which can be used to show that
BM lied on many topics both before & after SM's death
(still technically ATM, a disappearance). If prosecutor tries to present testimony of affairs as
additional evidence that BM lied, the court
may exclude it as
cumulative under CO. Rule of Evidence 403.*
2.
Integrity? Seems that may fall under
character evidence
limited by CO. Rules of Evidence.
*
Under Rule 404(b)(2), character evd. may be admitted to show
"motive" among other purposes.
I did not post the jury will/would/should unanimously dismiss a defendant's extramarital affairs as unimportant. But a few/some
may believe BM's affair(s?) are
not a motive to kill SM.
Welcoming comment or correction, esp'ly from our legal professionals.
In commenting about what a jury/some jurors
may/will believe/think, I avoid assuming that their beliefs and thoughts will align perfectly w mine. my2ct
__________________________________
* CO. "Rule 403 - Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time
Although relevant, evidence may be excluded if its probative value is substantially outweighed... by considerations of undue delay, waste of time, or needless presentation of cumulative evidence. (Federal Rule Identical.)" bbm
^ Rule 403 - Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time, Colo. R. Evid. 403 | Casetext Search + Citator.
For rationale, see also Cornell Law School affiliated website:
Rule 403. Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons.
** CO. Rule 404 "(a) Character evidence generally. Evidence of a person's character or a trait of his character is not admissible for the purpose of proving that he acted in conformity therewith on a particular occasion, except...:" bbm
^ Rule 404 - Character Evidence; Other Crimes, Wrongs, or Acts, Colo. R. Evid. 404 | Casetext Search + Citator