4 ms·
Is it the circumstances or the person's character? Does it even matter? It only matters because if it's the circumstances, the person may improve. If it's be
by narrator 5y ago
Is it the circumstances or the person's character? Does it even matter?
It only matters because if it's the circumstances, the person may improve. If it's because they are flawed, they won't improve. So everyone thinks they'll improve and everyone else will continue in accordance with their character.
What's interesting about evidence law is that you can't mention prior bad acts to a jury to say someone did something criminal in the past and acted in conformance with their character in the current instance. For example, it's not permitted to say the defendant in a criminal trial robbed banks in the past so he was the bank robber in the current criminal trial.
- s1artibartfast 5y ago>It only matters because if it's the circumstances, the person may improve. If it's because they are flawed, they won't improve. It is even worse, they might not even need to be improve/reform. They could be an outstanding person in extreme or unusual circumstances.
- lmm 5y agoWe ignore prior convictions when trying to determine whether the person actually committed the crime they're currently accused of. But if they're convicted, prior convictions weigh heavily in sentencing decisions - which is the part where "whether they will improve" is relevant.