A pretrial proceeding allows a defendant to request a ruling on the admissibility of prior convictions or bad acts should the defendant testify at trial. This request seeks to prevent the prosecution from unfairly using such information to impeach the defendant’s credibility with the jury. For example, a defendant charged with assault may seek to prevent the prosecution from introducing evidence of a prior conviction for theft, arguing that it has little bearing on truthfulness and is highly prejudicial.
The significance of this process lies in its impact on the defendant’s decision to testify. If a judge rules that certain prior convictions are admissible, the defendant may choose not to testify to avoid exposing the jury to potentially damaging information. Conversely, a favorable ruling can embolden the defendant to take the stand and present their defense. This procedure has roots in case law designed to balance the probative value of prior misconduct against the potential for unfair prejudice, ensuring a fairer trial.
