Transcripts for CNN Erin Burnett OutFront 20140306 04:48:00

CNN Erin Burnett OutFront March 6, 2014 04:48:00

generally not admissible. in other words, you can't introduce evidence that somebody used a gun a few weeks before hand. but in south africa, the courts will allow this evidence if it is highly probative. the problem is, this prior act was an accidental discharge. the case at bar is a case of an intentional shooting. even if he was mistaken about who he was shooting. so even the probative value is outweighed by the prejudicial effect. so the judge may conclude he's the kind of guy that shoots guns around when the prior act doesn't have that much to bear on the intentional act of shooting into a bathroom, however mistaken he was. >> which may be true, but the pushback to you is, this is something that carries a gun around and is pretty cavalier with it. is this someone that would be much more likely to shoot it in ageer? >> that's why we have a rule in

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