A Book from the Library of Defense

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by: Ryan Scott • October 25, 2017 • no comments

Assume your client is arrested for X. He is charged with something flowing out of the arrest, but before that something is litigated, he is acquitted of whatever he was originally arrested for. The jury is entitled to hear about the arrest, despite the acquittal, because it's highly relevant to the subsequent charges. Do the jurors get to hear he was acquitted?

“[T]he admission of evidence of other offenses in which the defendant has been involved without disclosing that he was acquitted tends to brand him as a ‘criminal’ and exposes him to the danger that the jury might lose sight of the presumption of innocence and the high level of proof required to rebut it.”

Smith, 271 Or at 299.