Quote:
Originally Posted by Nedusa
I agree previous convictions should not have a bearing on a current trial but I think when the previous conviction is for the same offence then I think it does have a bearing . Say this person has a history of burglary and they are charged with another burglary then I think their previous form for this offence is a factor however small and this fact should be disclosed to the jury especially if it comes down to a balance of probabilities in trying to decide guilt.
Knowing this person is capable of burglary and has committed this offence on many occasions may help the jury in deciding the current case.
I think disclosure should only be made however when the person has a string of convictions for the same offence they are currently charged with.
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It can happen Nedusa, there are ways of adding a charge that at the very least opens up a past dishonesty element that can make it harder for the past crimes to be hidden totally.
Especially as to the 'spent' convictions.
However as Law stands, if someone is pleading not guilty, then they have to have the right to a fair trial.
It cannot be right that on a charge now, they have held against them previous convictions,that actually could open the door to others effectively 'framing' someone they know who has past convictions for crimes and the real guilty person/s making them the scapegoat for it.
The penalties for pleading not guilty to something and then being found guilty usually have a greater and severe sentence imposed on them.
A trial is not a nice place to be but it has to be seen as fair and give all a fighting chance where doubt is inferred.
Previous convictions being revealed would remove all that process but it does happen in some cases now that some past crimes don't remain hidden totally.
This happens more often than people believe but in a hopeless looking case for someone who maybe is not guilty of the crime, a plea of guilty is made for lighter sentencing.
Sadly if previous convictions being revealed were the norm then in all likelihhood, anyone with previous convictions innocent or otherwise would not have the chance of a fair trial and a great number more trials would be seen as a hopeless cause.
It is a hard one and really what it needs is a massive reform of the justice system I think to ensure fairness with all facts.
I doubt even in my lifetime if any major changes to the justice system will be forthcoming however.
Lostalex made this thread and highlighted rape crimes, well I would certainly be in favour of ensuring that full justice was done in those crimes and I am sure it can be that the victims, as he said, often are left to pick up the pieces even when they are correct.
There, for me, more needs to be done to punish too those who make the false accusations of rape so that people who are rightly reporting it maybe can get the full justice they should have.
This topic opens up a lot to think about and there are few simple answers I guess but there are I am sure, many injustices done to both the accused and accusers in our justice system at present,which in my view at this time anyway,the overall revealing of past convictions in most cases would not help at all.