In what circumstances will a jury not convict defendant solely based on his prior convictions?

California, United States of America


The following excerpt is from People v. VELEZ, E048360, No. SWF022996 (Cal. App. 2010):

We must assume that the jurors followed the court's instruction (unless the record shows otherwise) and considered defendant's prior convictions for the sole purpose of determining defendant's credibility and his intent. (People v. Osband(1996) 13 Cal.4th 622, 714.) The record supports that the jurors did not convict defendant solely based on his prior crimes. The verdict forms apparently confused the jurors, as they were in conflict with the given instructions.

Other Questions


When sentencing a criminal defendant for a prior felony conviction is not based on his prior criminal conviction but on his constitutional rights? (California, United States of America)
Does the identity of a defendant's prior criminal convictions preclude the use of those prior convictions as evidence at trial of the same criminal charges? (California, United States of America)
Is a convicted burglar wrongfully convicted because of his co-defendant's prior burglary conviction? (California, United States of America)
Is a defendant's prior hit and run conviction not an abuse of the court's discretion in admitting evidence of a prior hit-and-run conviction? (California, United States of America)
Can a defendant appeal his prior conviction for assault against a judge's decision not to strike one or more of his prior convictions? (California, United States of America)
In what circumstances will the court reverse a conviction for assault on a defendant based solely on the testimony of a non-English-speaking witness? (California, United States of America)
When a defendant has been convicted of a prior criminal offence, what are the factors that determine whether the prior conviction should be admitted to the jury? (California, United States of America)
In what circumstances have courts considered prior strikes by a defendant prior to his conviction? (California, United States of America)
If a jury is instructed to convict a defendant of robbery based solely on the taking of items from the victim's person, is this instructional error inconsequential or prejudicial? (California, United States of America)
What is the test for determining whether a defendant has been convicted of a prior criminal offence and therefore must proceed further to determine the conduct underlying the conviction? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.