Friday, February 3, 2017

Negative Profile Evidence Inadmissible

The use of character evidence, even negative character evidence, gives rise to a substantial risk of a miscarriage of justice, requiring reversal

Commonwealth v. Horne, Mass., No. SJC-12068, 1/10/17.

The Massachusetts Supreme Judicial Court found that negative character evidence used to profile a defendant is not admissible because it creates a substantial risk of prejudicing the defendant. In Massachusetts, profile evidence has long been established to be inadmissible, but this holding establishes that negative profiling evidence serves the same purpose. Negative profile evidence is generally used to contrast a defendant's profile with the character of a person committing a certain kind of crime.

During the trial, prosecutors used an expert witness that testified on the appearance of a crack addict, claiming that the defendant was “too robust” to fit the profile. Prosecutors argued that the defendant did not fit the profile of a cocaine addict, even though he was found with large amounts of cocaine on him, suggesting that he was too fat to be using drugs and was intending to sell them.

The court, in reviewing this case, found that the prosecutors attempted to persuade the jury by using the profile evidence due to the defendant’s appearance that was specifically designed to contrast him to a stereotype.

http://www.bloomberglaw.com/public/document/Commonwealth_v_Horne_No_SJC12068_2017_BL_5957_Mass_Jan_10_2017_Co.

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