A criminal defendant, by introducing evidence that he has turned into a model prisoner, has become a Christian and a different person than he was prior to prison, opens the door for the prosecution to use the defendant’s previous murder convictions at death sentence hearings, the Superior Court has ruled.
“Implicit in [defendant's] argument is the assertion that he loves his fellow man, respects the law of God and is non-violent. However, the commonwealth is entitled to present evidence, i.e., [defendant's] prior convictions, to the jury suggesting other or additional motives for [defendant's] good prison record and to rebut [defendant's] non-violent-character testimony,” Judge Correale F. Stevens wrote in Commonwealth v. Travaglia.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
