CarolinaMoon
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- Joined
- Aug 28, 2008
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Prior bad acts are only brought into trials when the judge decides they are relevant to show a pattern of behavior similar to the crime that is being alleged.
(Side note: Phil Spector appealed his conviction, for among other things, that Judge Fidler allowed PBA's in at both trials. It was the testimony of women who had had him threaten them with guns. Fidler didn't allow other examples of Spector's gun-toting ways.)
Here, Tammi showed a propensity for getting over-involved in other people's children and her earlier attempts were allowed at trial to establish a pattern of behavior.
When it comes to sentencing, issues not allowed at trial come into play. There will kmost likely be a pre-sentencing report which will rank her for sentencing purposes.
(If you watched Steve Powell's sentencing yesterday, you will notice that his previous squeaky-clean record, level of education, and solid employment record helped get him just 30 months and 3 years community control. He would have faced more time is he had previous convictions on his record.)
In Tammi's case, her record will score against her. Likewise, her disdain for following the rules of society will come in as well. Her character will be on trial more here than in the actual trial.
That's what makes tomorrow's hearing so important. I don't claim to understand the fine points of the arguments that will take place, but the judge's decision will decide if she is eligible for straight probation or jail time.
(Side note: Phil Spector appealed his conviction, for among other things, that Judge Fidler allowed PBA's in at both trials. It was the testimony of women who had had him threaten them with guns. Fidler didn't allow other examples of Spector's gun-toting ways.)
Here, Tammi showed a propensity for getting over-involved in other people's children and her earlier attempts were allowed at trial to establish a pattern of behavior.
When it comes to sentencing, issues not allowed at trial come into play. There will kmost likely be a pre-sentencing report which will rank her for sentencing purposes.
(If you watched Steve Powell's sentencing yesterday, you will notice that his previous squeaky-clean record, level of education, and solid employment record helped get him just 30 months and 3 years community control. He would have faced more time is he had previous convictions on his record.)
In Tammi's case, her record will score against her. Likewise, her disdain for following the rules of society will come in as well. Her character will be on trial more here than in the actual trial.
That's what makes tomorrow's hearing so important. I don't claim to understand the fine points of the arguments that will take place, but the judge's decision will decide if she is eligible for straight probation or jail time.