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To: redlipstick
The juror's two statements -- (1) "I wanted to find him innocent." and (2) "I was looking for one piece that just didn't fit." are most interesting. Do you see that they demostrate a presumption of guilt? Both do.

He wanted to find him innocent? How can that be -- the innocence of a defendent in a criminal trial is assumed! That presumption of innocence is the starting point, and the required priority in decisions as to whether a thing that might indicate guilt one way or innocence another -- the innocent way must be followed, even if it is much less likely, yet in some way reasonably possible.

Rather than looking for a thing that "doesn't fit" to a presumption of guilt, a juror has to require that all things fit perfectly and have no alternative. To act as a juror in allowing that there is some theory of facts that would lead to a guilty verdict, and then proceed to look even most forcefully and painstakingly for something that just doesn't fit -- is NOT the way is expected by long established common law practise, by statute, by juduicical instruction and by oath.

310 posted on 09/20/2002 1:54:44 PM PDT by bvw
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To: bvw
"I was looking for one piece that just didn't fit."

Oooooh, how about 4 bugsperts, or unidentified fingerprints?
312 posted on 09/20/2002 2:01:34 PM PDT by John Jamieson
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To: bvw
Do you see that they demostrate a presumption of guilt?

I see that you're clutching at straws to keep from appearing a fool for supporting this child-murderer.

Too late, by the way.

317 posted on 09/20/2002 3:43:26 PM PDT by Illbay
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