To: Perdogg
"Unless the second DNA test comes back positive, or a key witness, as a non-lawyer I don't see a case."
As a prosecutor, I have to say that if there is not more - some hidden witness or physical evidence - there is not a triable case. This is an excellent illustration of the difference between probable cause and proof beyond a reasonable doubt.
To: Law is not justice but process
I don't see probable cause, preponderance of the evidence, clear and convincing, or beyond a reasonable doubt.
213 posted on
05/09/2006 8:29:31 AM PDT by
Perdogg
(entia non sunt multiplicanda praeter necessitatem)
To: Law is not justice but process
It's also an illustration of the reason for states to quit using an indicting GJ for threshhold felony cases, except in some rare and very specific kinds of cases. Grand jurors have no understanding of their role anymore, and there's no way to educate the population of potential grand jurors at-large as to what that role is supposed to be.
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