Hip-hop star Remy Ma has been sentenced to eight years in prison for shooting a woman outside a New York nightclub.
The 26-year-old Grammy nominee, whose real name is Remy Smith, was tearful as she heard the sentence handed down at New York state Supreme Court.
Ms Smith denied assault, insisting the shooting was an accident.
The jury heard Ms Smith had shot her friend outside the Manhattan venue in July 2007 because she thought the woman had stolen $3,000 (£1,495) from her.
She could have faced up to 25 years in prison. An appeal is planned, Associated Press reported.
Last month it was announced she was planning to marry her fiance, fellow rapper Papoose, in prison.
Remy Ma was nominated for a Grammy as part of the Terror Squad for the 2004 US hit single Lean Back.
She has also had solo success with songs like Conceited and Feels So Good, and earned the best female hip-hop artist award at 2005's BET Awards.
Eight-year sentence for US rapper
Eight-year sentence for US rapper
Do US courts not have the concept of accidental shooting?
Nullius in verba ... ☎||||||||||| ... To Fate I sue, of other means bereft, the only refuge for the wretched left.
When flower power came along I stood for Human Rights, marched around for peace and freedom, had some nooky every night - we took it serious.
Who has a spare two minutes to play in this month's FG Trivia game! ... My other OS is Slackware.
When flower power came along I stood for Human Rights, marched around for peace and freedom, had some nooky every night - we took it serious.
Who has a spare two minutes to play in this month's FG Trivia game! ... My other OS is Slackware.
Eight-year sentence for US rapper
Ms. Smith, 26, was found guilty on March 27 of first-degree assault for shooting Makeda Barnes Joseph, a member of her entourage, after a celebration of Ms. Smith’s birthday at a nightclub in the meatpacking district last July 14. At the party, Ms. Smith asked Ms. Joseph to hold her purse and said that when she got it back, $3,000 in cash was missing.
As they left the club, Ms. Smith pulled her Cadillac Escalade up to Ms. Joseph’s Nissan Maxima, then climbed into the Maxima with a cocked gun and tried to search Ms. Joseph’s purse for the money. During the struggle, Ms. Joseph was shot in the belly, and Ms. Smith fled in a taxi, abandoning her $69,000 Cadillac on the street and her victim in pool of blood.
In her own statement, read to the judge by Michael McIntosh, a prosecutor, Ms. Joseph, who was in the courtroom, said she was baffled how a night “so fun and enjoyable†could suddenly turn so violent. One minute she was hugging Ms. Smith, she said in her statement, and the next she was bleeding in a car.
“After July 14, I stopped existing as a person,†Ms. Joseph wrote. “I am now known as a victim, a gold-digger, a groupie, a liar and thief.†Her statement continued: “I will always be the girl they will whisper about. I will always be the girl who was shot by Remy.â€
Before Ms. Smith sat down, she addressed herself to Ms. Joseph and spoke in her direction but did not look at her directly.
“I apologize,†she said, “and I’m sorry for not saving you. I feel so bad for all the physical and mental pain you went through, and go through. Myself, I have a lifetime scar on my face. So I know the pain you feel when I look in the mirror.â€
Doesnt read like an Accident to me but im willing for you to try and sway me :wah:
As they left the club, Ms. Smith pulled her Cadillac Escalade up to Ms. Joseph’s Nissan Maxima, then climbed into the Maxima with a cocked gun and tried to search Ms. Joseph’s purse for the money. During the struggle, Ms. Joseph was shot in the belly, and Ms. Smith fled in a taxi, abandoning her $69,000 Cadillac on the street and her victim in pool of blood.
In her own statement, read to the judge by Michael McIntosh, a prosecutor, Ms. Joseph, who was in the courtroom, said she was baffled how a night “so fun and enjoyable†could suddenly turn so violent. One minute she was hugging Ms. Smith, she said in her statement, and the next she was bleeding in a car.
“After July 14, I stopped existing as a person,†Ms. Joseph wrote. “I am now known as a victim, a gold-digger, a groupie, a liar and thief.†Her statement continued: “I will always be the girl they will whisper about. I will always be the girl who was shot by Remy.â€
Before Ms. Smith sat down, she addressed herself to Ms. Joseph and spoke in her direction but did not look at her directly.
“I apologize,†she said, “and I’m sorry for not saving you. I feel so bad for all the physical and mental pain you went through, and go through. Myself, I have a lifetime scar on my face. So I know the pain you feel when I look in the mirror.â€
Doesnt read like an Accident to me but im willing for you to try and sway me :wah:
Eight-year sentence for US rapper
An accident is when you have no intention that a gun goes off and it goes off. You can be guilty of reckless behaviour in those circumstances, but not of assault.
She says the shooting was accidental. Why should I, or anyone else, not believe her? It seems to me there's very little time to account for between the accusation of theft and the bungled search in which she's supposed to have formed an intent to assault. Why on earth would anyone want to commit assault under those circumstances? If assault were the intention, why search for the missing money?
She says the shooting was accidental. Why should I, or anyone else, not believe her? It seems to me there's very little time to account for between the accusation of theft and the bungled search in which she's supposed to have formed an intent to assault. Why on earth would anyone want to commit assault under those circumstances? If assault were the intention, why search for the missing money?
Nullius in verba ... ☎||||||||||| ... To Fate I sue, of other means bereft, the only refuge for the wretched left.
When flower power came along I stood for Human Rights, marched around for peace and freedom, had some nooky every night - we took it serious.
Who has a spare two minutes to play in this month's FG Trivia game! ... My other OS is Slackware.
When flower power came along I stood for Human Rights, marched around for peace and freedom, had some nooky every night - we took it serious.
Who has a spare two minutes to play in this month's FG Trivia game! ... My other OS is Slackware.
Eight-year sentence for US rapper
spot;865221 wrote: An accident is when you have no intention that a gun goes off and it goes off. You can be guilty of reckless behaviour in those circumstances, but not of assault.
She says the shooting was accidental. Why should I, or anyone else, not believe her? It seems to me there's very little time to account for between the accusation of theft and the bungled search in which she's supposed to have formed an intent to assault. Why on earth would anyone want to commit assault under those circumstances? If assault were the intention, why search for the missing money?
Why search for the money with a cocked gun in your hand?
She says the shooting was accidental. Why should I, or anyone else, not believe her? It seems to me there's very little time to account for between the accusation of theft and the bungled search in which she's supposed to have formed an intent to assault. Why on earth would anyone want to commit assault under those circumstances? If assault were the intention, why search for the missing money?
Why search for the money with a cocked gun in your hand?
Eight-year sentence for US rapper
Chezzie;865225 wrote: Why search for the money with a cocked gun in your hand?
She's very rich, she's very well known and she's just come out of a club in a down-market part of New York? I expect a cocked gun is de rigeur under those circumstances.
She's very rich, she's very well known and she's just come out of a club in a down-market part of New York? I expect a cocked gun is de rigeur under those circumstances.
Nullius in verba ... ☎||||||||||| ... To Fate I sue, of other means bereft, the only refuge for the wretched left.
When flower power came along I stood for Human Rights, marched around for peace and freedom, had some nooky every night - we took it serious.
Who has a spare two minutes to play in this month's FG Trivia game! ... My other OS is Slackware.
When flower power came along I stood for Human Rights, marched around for peace and freedom, had some nooky every night - we took it serious.
Who has a spare two minutes to play in this month's FG Trivia game! ... My other OS is Slackware.
Eight-year sentence for US rapper
spot;865228 wrote: She's very rich, she's very well known and she's just come out of a club in a down-market part of New York? I expect a cocked gun is de rigeur under those circumstances.
Nah dont buy that, shes got a history of violence for which the judge says she has never shown any remorse for. Ok i buy having a gun on her person cos shes rich but that doesnt mean its right and as for being in a down-market place, she put herself there didnt she, but then to have cocked it and place your self in that situation.......dumb!
Nah dont buy that, shes got a history of violence for which the judge says she has never shown any remorse for. Ok i buy having a gun on her person cos shes rich but that doesnt mean its right and as for being in a down-market place, she put herself there didnt she, but then to have cocked it and place your self in that situation.......dumb!
Eight-year sentence for US rapper
It's a mentality these people grow up with...
"You can take a person out of the hood, but you can't take the hood out of the person"...
"You can take a person out of the hood, but you can't take the hood out of the person"...
Eight-year sentence for US rapper
So because she is rich, famous, and (probably) black, its accepted that pulling a loaded gun on someone she has just accussed of robbery, going through the womans purse and then during the invitable struggle, the gun that was until a moment ago being used to threaten the victim "goes off" and the victim is shot in the stomach. The shooter then, instead of offering assistance, flees the scene to leave her friend to die in a pool of blood. In the first instance its attempted murder, she had no buisness using the gun to threaten her friend, even if she is telling the truth, the fact that it went off just proves that she is an idiot who should be put in jail on ground of being a moron if nothing else. In the second instance, what disgusting arrogance this young woman has displayed, the fact that she is young and famous gives her the belief that she can threaten people with guns, and when she actually shoots them, that its not her fault. Good riddance to bad rubbish in my opinion.
"We are never so happy, never so unhappy, as we imagine"
Le Rochefoucauld.
"A smack in the face settles all arguments, then you can move on kid."
My dad 1986.
Le Rochefoucauld.
"A smack in the face settles all arguments, then you can move on kid."
My dad 1986.
Eight-year sentence for US rapper
Galbally;865267 wrote: So because she is rich, famous, and (probably) black, its accepted that pulling a loaded gun on someone she has just accussed of robbery, going through the womans purse and then during the invitable struggle, the gun that was until a moment ago being used to threaten the victim "goes off" and the victim is shot in the stomach. The shooter then, instead of offering assistance, flees the scene to leave her friend to die in a pool of blood. In the first instance its attempted murder, she had no buisness using the gun to threaten her friend, even if she is telling the truth, the fact that it went off just proves that she is an idiot who should be put in jail on ground of being a moron if nothing else. In the second instance, what disgusting arrogance this young woman has displayed, the fact that she is young and famous gives her the belief that she can threaten people with guns, and when she actually shoots them, that its not her fault. Good riddance to bad rubbish in my opinion.
I rest my case your honour:-6
I rest my case your honour:-6
Eight-year sentence for US rapper
rjwould;865280 wrote: Where are all those gun touting American friends of mine? Here is an example of protecting your property and using a gun in order to retrieve that which is rightfully yours.
It doesn't say anywhere that you can shoot people whom you think may have robbed you.
You can own all the guns you want, but it a waste of money because if you ever use it, you're jail meat..
Correct, if used incorrectly or without just cause. Just like a baseball bat.
Incidentally, what about all those rich NRA board members who promise the illusion of gun freedom? Where are they when you need them to come testify and offer financial aid in your defense?
Gun freedom does not mean shoot whomever you like or suspect. It means shoot people who are an immediate danger to your person
I'll tell you where they are... They're sitting in their mansions, sipping martinis on your dues money and laughing their asses off at what fools you all are. You really think they give a god damn about you.....or her..
They don't care about me whether I own a gun or not.
Oh, but shes a black rapper....she shouldn't be carrying a gun.....Right?
She can carry a gun if she likes as long as she is a registered carrier. She may not however shoot anyone who she suspects of stealing from her especially if there is no immediate danger to herself or others.
You're right, Spot, there is no room for mistakes when it comes to guns....All the commentary from the NRA about "all we need to due is enforce existing gun laws, instead of creating new ones", is exactly what has been happening...
Agreed, they used excising laws to jail her for using a gun in an illegal manner.
How do all you gun enthusiasts reconcile this?
No reconciliation needed.
It doesn't say anywhere that you can shoot people whom you think may have robbed you.
You can own all the guns you want, but it a waste of money because if you ever use it, you're jail meat..
Correct, if used incorrectly or without just cause. Just like a baseball bat.
Incidentally, what about all those rich NRA board members who promise the illusion of gun freedom? Where are they when you need them to come testify and offer financial aid in your defense?
Gun freedom does not mean shoot whomever you like or suspect. It means shoot people who are an immediate danger to your person
I'll tell you where they are... They're sitting in their mansions, sipping martinis on your dues money and laughing their asses off at what fools you all are. You really think they give a god damn about you.....or her..
They don't care about me whether I own a gun or not.
Oh, but shes a black rapper....she shouldn't be carrying a gun.....Right?
She can carry a gun if she likes as long as she is a registered carrier. She may not however shoot anyone who she suspects of stealing from her especially if there is no immediate danger to herself or others.
You're right, Spot, there is no room for mistakes when it comes to guns....All the commentary from the NRA about "all we need to due is enforce existing gun laws, instead of creating new ones", is exactly what has been happening...
Agreed, they used excising laws to jail her for using a gun in an illegal manner.
How do all you gun enthusiasts reconcile this?
No reconciliation needed.
-
Richard Bell
- Posts: 1228
- Joined: Sun Oct 16, 2005 8:56 am
Eight-year sentence for US rapper
Galbally;865267 wrote: Good riddance to bad rubbish in my opinion.
Indeed!
It was reckless, criminal behaviour, straight out of the 19th century wild west.
I hope she has to serve the full eight year term
Indeed!
It was reckless, criminal behaviour, straight out of the 19th century wild west.
I hope she has to serve the full eight year term
Eight-year sentence for US rapper
rjwould;865378 wrote: The problem is we're dealing with people, and people make rash and unwise decisions constantly. Even when people have the ability to stop and think first, far too often they don't.
One question worth considering is; " is gun ownership worth it when it results in too many otherwise avoidable deaths, pain and suffering?"
The pressure of life today is avoidable death looking to happen, and decision making must be tempered with non-availability to deadly weapons.
RJ, if you could guarantee the people that criminals would not have guns you would probably be able to get 75% of gun owners to relinquish theirs.
One question worth considering is; " is gun ownership worth it when it results in too many otherwise avoidable deaths, pain and suffering?"
The pressure of life today is avoidable death looking to happen, and decision making must be tempered with non-availability to deadly weapons.
RJ, if you could guarantee the people that criminals would not have guns you would probably be able to get 75% of gun owners to relinquish theirs.
-
Richard Bell
- Posts: 1228
- Joined: Sun Oct 16, 2005 8:56 am
Eight-year sentence for US rapper
Chezzie;865155 wrote:
Last month it was announced she was planning to marry her fiance, fellow rapper Papoose, in prison.
...
Attached files
Last month it was announced she was planning to marry her fiance, fellow rapper Papoose, in prison.
...
Attached files
Eight-year sentence for US rapper
rjwould;865394 wrote: That may be true, but that won't happen over night because there is such an abundance of guns out there now, and we have a culture which has dug its heels into gun ownership for so long that any change for the better in the run will result in some pain in the beginning...The problem is we must do it and now is as good a time as any IMO. Here are some statistics.
Source
I have friends whom are gun owners. Most gun owners are good and decent people like you, but this is getting so far out of control.
My guns are used mainly for sport not protection. Hunting, sporting clays etc etc.
Source
I have friends whom are gun owners. Most gun owners are good and decent people like you, but this is getting so far out of control.
My guns are used mainly for sport not protection. Hunting, sporting clays etc etc.
Eight-year sentence for US rapper
What the hell kinda handbag does that lady have that she's lugging around $3000 in???
oh wait... $3000 and a gun!
Sorry, but I'd give her 8 years just for that!
oh wait... $3000 and a gun!
Sorry, but I'd give her 8 years just for that!
I expressly forbid the use of any of my posts anywhere outside of FG (with the exception of the incredibly witty 'get a room already' )posted recently.
Folks who'd like to copy my intellectual work should expect to pay me for it.:-6
Folks who'd like to copy my intellectual work should expect to pay me for it.:-6
Eight-year sentence for US rapper
flopstock;865404 wrote: What the hell kinda handbag does that lady have that she's lugging around $3000 in???
oh wait... $3000 and a gun!
Sorry, but I'd give her 8 years just for that!
Thats only 30 $100 bills.
oh wait... $3000 and a gun!
Sorry, but I'd give her 8 years just for that!
Thats only 30 $100 bills.
Eight-year sentence for US rapper
Chezzie;865250 wrote: Nah dont buy that, shes got a history of violence for which the judge says she has never shown any remorse for. Ok i buy having a gun on her person cos shes rich but that doesnt mean its right and as for being in a down-market place, she put herself there didnt she, but then to have cocked it and place your self in that situation.......dumb!
Now you're bringing in information that's not been available to the thread.
Now you're bringing in information that's not been available to the thread.
Nullius in verba ... ☎||||||||||| ... To Fate I sue, of other means bereft, the only refuge for the wretched left.
When flower power came along I stood for Human Rights, marched around for peace and freedom, had some nooky every night - we took it serious.
Who has a spare two minutes to play in this month's FG Trivia game! ... My other OS is Slackware.
When flower power came along I stood for Human Rights, marched around for peace and freedom, had some nooky every night - we took it serious.
Who has a spare two minutes to play in this month's FG Trivia game! ... My other OS is Slackware.
Eight-year sentence for US rapper
spot;865412 wrote: Now you're bringing in information that's not been available to the thread.
Well I gave an awful lot of information, the only reason I found out was cos I went and read up more, The info wasnt from my original source.
Judge Rena Uviller, who presided over the case in Manhattan Supreme Court, said the following before delivering the sentence:
"She’s overcome a difficult childhood. Her music has inspired people in need. She’s loved and has support from her family. This is somewhat of a pattern," Judge Uviller told the court.
"This is not the first time she has been engaged in a violent act. She has never taken responsibility for her actions. This has nothing to do with rap, it’s about the actions of one person. Remy is an extremely angry young woman, who feels the rules do not apply to her."
http://www.mtv.co.uk/channel/mtvuk/news ... r_shooting
So what difference would that of made to your views Spot?
What does it change to your belief that it was accidental whether she has a angry dispossion or has been violent in her past? She never shot anyone before, not been in trouble with the gun before, what changes?
Well I gave an awful lot of information, the only reason I found out was cos I went and read up more, The info wasnt from my original source.
Judge Rena Uviller, who presided over the case in Manhattan Supreme Court, said the following before delivering the sentence:
"She’s overcome a difficult childhood. Her music has inspired people in need. She’s loved and has support from her family. This is somewhat of a pattern," Judge Uviller told the court.
"This is not the first time she has been engaged in a violent act. She has never taken responsibility for her actions. This has nothing to do with rap, it’s about the actions of one person. Remy is an extremely angry young woman, who feels the rules do not apply to her."
http://www.mtv.co.uk/channel/mtvuk/news ... r_shooting
So what difference would that of made to your views Spot?
What does it change to your belief that it was accidental whether she has a angry dispossion or has been violent in her past? She never shot anyone before, not been in trouble with the gun before, what changes?
Eight-year sentence for US rapper
A history of violence can give justification for saying that her mind was disposed toward shooting, that's all. It allows a supposition to be made by the jury which would otherwise be far less likely.
Nullius in verba ... ☎||||||||||| ... To Fate I sue, of other means bereft, the only refuge for the wretched left.
When flower power came along I stood for Human Rights, marched around for peace and freedom, had some nooky every night - we took it serious.
Who has a spare two minutes to play in this month's FG Trivia game! ... My other OS is Slackware.
When flower power came along I stood for Human Rights, marched around for peace and freedom, had some nooky every night - we took it serious.
Who has a spare two minutes to play in this month's FG Trivia game! ... My other OS is Slackware.
Eight-year sentence for US rapper
spot;865782 wrote: A history of violence can give justification for saying that her mind was disposed toward shooting, that's all. It allows a supposition to be made by the jury which would otherwise be far less likely.
So are you saying that you now dont think it could be classed as accidental because of her violent past?
Would the Jury know that, Im unsure these days on how much of a persons past is allowed to be told to the Jury?
So are you saying that you now dont think it could be classed as accidental because of her violent past?
Would the Jury know that, Im unsure these days on how much of a persons past is allowed to be told to the Jury?
Eight-year sentence for US rapper
You're talking about a New York court, they make it up as they go along over there. They probably have TV cameras and advertising breaks too.
Nullius in verba ... ☎||||||||||| ... To Fate I sue, of other means bereft, the only refuge for the wretched left.
When flower power came along I stood for Human Rights, marched around for peace and freedom, had some nooky every night - we took it serious.
Who has a spare two minutes to play in this month's FG Trivia game! ... My other OS is Slackware.
When flower power came along I stood for Human Rights, marched around for peace and freedom, had some nooky every night - we took it serious.
Who has a spare two minutes to play in this month's FG Trivia game! ... My other OS is Slackware.
Eight-year sentence for US rapper
spot;865791 wrote: You're talking about a New York court, they make it up as they go along over there. They probably have TV cameras and advertising breaks too.
In the UK, am I right in thinking that your past isnt revealed so as not to sway the final verdict? Or has that changed now
In the UK, am I right in thinking that your past isnt revealed so as not to sway the final verdict? Or has that changed now
Eight-year sentence for US rapper
rjwould;865280 wrote: Where are all those gun touting American friends of mine? Here is an example of protecting your property and using a gun in order to retrieve that which is rightfully yours.
We have something like that...It's called the police...
We have to have a system...Without a system you have nothing but chaos...blatantly obvious by her displaying her irrational willingness to use a gun before any attempt to conduct an investigation...
"Oh well $3,000 was taken so it's only right to shoot the person in which you've given it to"...
We have something like that...It's called the police...
We have to have a system...Without a system you have nothing but chaos...blatantly obvious by her displaying her irrational willingness to use a gun before any attempt to conduct an investigation...
"Oh well $3,000 was taken so it's only right to shoot the person in which you've given it to"...
Eight-year sentence for US rapper
In most states, there is no such thing as attempted murder. It's either murder or assault.
It's premeditated if she confronted her with a gun after the fact. Her intent, in the eyes of the court, was to hurt her or kill her.
If she was not from New York and she had a gun, that is against New York law. You must be a resident to own a New York permit to carry a weapon. It's my understanding, it's very difficult to own a carry permit up there.
If she were a law abiding citizen, she should have, as Snyder said, gone to the police and reported the theft. We have laws and this is why.
She got what she deserved. I don't get the statement she made about the scar on her face. The woman was gut shot and left to die and she compares that to a scar on her face??:-5
It's premeditated if she confronted her with a gun after the fact. Her intent, in the eyes of the court, was to hurt her or kill her.
If she was not from New York and she had a gun, that is against New York law. You must be a resident to own a New York permit to carry a weapon. It's my understanding, it's very difficult to own a carry permit up there.
If she were a law abiding citizen, she should have, as Snyder said, gone to the police and reported the theft. We have laws and this is why.
She got what she deserved. I don't get the statement she made about the scar on her face. The woman was gut shot and left to die and she compares that to a scar on her face??:-5
When choosing between two evils, I always like to take the one I've never tried before.
Mae West
Mae West
Eight-year sentence for US rapper
911;865947 wrote: She got what she deserved.Oh, I say, that's harsh. None of us would have anything if we got what we deserved.
Nullius in verba ... ☎||||||||||| ... To Fate I sue, of other means bereft, the only refuge for the wretched left.
When flower power came along I stood for Human Rights, marched around for peace and freedom, had some nooky every night - we took it serious.
Who has a spare two minutes to play in this month's FG Trivia game! ... My other OS is Slackware.
When flower power came along I stood for Human Rights, marched around for peace and freedom, had some nooky every night - we took it serious.
Who has a spare two minutes to play in this month's FG Trivia game! ... My other OS is Slackware.
Eight-year sentence for US rapper
Chezzie;865794 wrote: In the UK, am I right in thinking that your past isnt revealed so as not to sway the final verdict? Or has that changed now
It's entirely at the discretion of the Judge. The default is that the prosecution doesn't don't bring it up without prior permission but they can argue that it's relevant and see if the judge will go for it. The defence can bring the defendant's past up any time it wants and, if it's squeaky clean, undoubtedly would do - it's what character witnesses are for. "I was Mr Jones' main squeeze for thirty years and he never hit me once in all that time, I would consider it entirely unlike him to..." etc, that sort of thing.
It's entirely at the discretion of the Judge. The default is that the prosecution doesn't don't bring it up without prior permission but they can argue that it's relevant and see if the judge will go for it. The defence can bring the defendant's past up any time it wants and, if it's squeaky clean, undoubtedly would do - it's what character witnesses are for. "I was Mr Jones' main squeeze for thirty years and he never hit me once in all that time, I would consider it entirely unlike him to..." etc, that sort of thing.
Nullius in verba ... ☎||||||||||| ... To Fate I sue, of other means bereft, the only refuge for the wretched left.
When flower power came along I stood for Human Rights, marched around for peace and freedom, had some nooky every night - we took it serious.
Who has a spare two minutes to play in this month's FG Trivia game! ... My other OS is Slackware.
When flower power came along I stood for Human Rights, marched around for peace and freedom, had some nooky every night - we took it serious.
Who has a spare two minutes to play in this month's FG Trivia game! ... My other OS is Slackware.
Eight-year sentence for US rapper
spot;865954 wrote: It's entirely at the discretion of the Judge. The default is that the prosecution doesn't don't bring it up without prior permission but they can argue that it's relevant and see if the judge will go for it. The defence can bring the defendant's past up any time it wants and, if it's squeaky clean, undoubtedly would do - it's what character witnesses are for. "I was Mr Jones' main squeeze for thirty years and he never hit me once in all that time, I would consider it entirely unlike him to..." etc, that sort of thing.
cheers Spot:-6
cheers Spot:-6