Prior Bad Acts in Affirmative Defense Cases

[摘要] affirmative defenseprior bad actsextreme mental and emotional disturbancePrior Bad Acts Ruled Inadmissible to Rebut Defenses of Extreme Mental and Emotional Disturbance and Lack of Penal ResponsibilityIn State v. Lavoie, 453 P.3d 229 (Haw. 2019), the Supreme Court of Hawaii considered Marlin Lavoie's challenge of a trial court's decision to allow testimony on his prior bad acts and errors in jury instructions. The state supreme court ruled that the trial court erred in allowing testimony about prior bad acts because it was not relevant to rebut the defendant's affirmative defenses. It also ruled that a jury instruction about such testimony incorrectly allowed jurors to consider prior bad acts as they related to his intent to commit the alleged crimes, and that a jury instruction on the definition of extreme mental and emotional disturbance (EMED) was not prejudicial.

[学科分类] 儿科学

[关键词] affirmative defense;prior bad acts;extreme mental and emotional disturbance