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Notes -
Court opinion with possible culture-war implications:
Morales-Torres and Rivera drive to Almodovar's house in Morales-Torres's truck, and do not return. Worried, Morales-Torres's romantic partner drives by Almodovar's house, sees Almodovar with bloodstains on his shirt and Morales-Torres's truck still in the driveway, and calls 911. Several hours later, Morales-Torres's truck is found elsewhere, on fire and with Morales-Torres's and Rivera's bullet-riddled corpses inside it. Almodovar is charged with two murders.
Almodovar claims that he only defended himself from an attempt by Morales-Torres and Rivera to rob him of 20 k$ of drug money, and he had a cousin (who later died while committing a robbery) burn the corpses because he thought no one would believe the self-defense story. But the jury disbelieves the self-defense story and convicts Almodovar on both counts.
Almodovar appeals, arguing that there was insufficient evidence for the jury to find the "specific intent to kill" that a conviction of murder requires. But the appeals panel affirms.
But is the state supreme court's pronouncement of "the wicked flee when no man pursueth" truly applicable in the modern age? According to a recent poll, in 2023 confidence in the police was only 49 percent among whites and a pitiful 31 percent among nonwhites in the US. Those numbers recovered to 54 percent and 44 percent (respectively) in 2024, but even that is a bit lower than one might expect. Should a defendant's distrust of the police be held against him in court?
It certainly should be presented to the court as a matter of fact.
There are a very small number of exceptional situations in which factually true things cannot be said in court -- for example, a prosecutor cannot comment on the defendant's refusal to testify in his own defense. Those exceptions are few and far between, and they prove that the rule applies in all other cases.
In the Anglosphere jury system, there is quite a broad set of true things that can't be said - you can't argue that the defendant is the kind of guy who would commit this crime, including by telling the jury his previous criminal history.
In the US there is another broad set of true things which can't be said, namely true things that the police learned by violating the 4th amendment.
So it's an absolutely trash legal system huh?
More specifically, the prosecution is forbidden from introducing the defendant's criminal history if that history is more prejudicial than probative.
The fact that the defendant has been convicted of robbery twice in the past has no bearing on whether he committed this specific robbery, and will only prejudice the jury against the defendant.
The fact that (1) in two past robberies of which he was convicted the defendant stubbed out his cigarette on the victim's cheek, and (2) the perpetrator in this case did the same thing, may be highly relevant in determining whether the defendant is the perpetrator in this case.
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I don’t think “the defendant burned the bodies” would ever fall in those narrow categories.
Agreed. There exist true things that can't be said in a criminal trial, but this isn't one of them.
Right, and I think the OP is trying to shoehorn "the defendant didn't trust the police/state" into that set, as some kind of faux-historical analog of "things that can't be held against you in court".
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