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To: Trailerpark Badass

“The Anthony defense obviated all but two possibilities.”

Explain this, because I don’t understand. Anyway, it is up to the prosecution to prove its case, and if the jury can come up with any reasonable scenario where what the prosecution speculates happened didn’t happen, then they are obliged not to convict.


218 posted on 05/18/2012 12:05:49 PM PDT by Tublecane
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To: Tublecane
I don't agree.

The defense has no responsibility to put on a positive defense. When the judge asks the defense if they have any witnesses, they can say, no, the defense rests. Prior to this they would have had the opportunity to cross all of the prosecution's witnesses and attack that evidence as it stands on its face.

On the other hand, instead of saying, "we don't know what happened, just that the state has not proved its case," the Anthony defense presented what is called an alternative theory of the crime. They had to to explain away the damning evidence they couldn't hurt with their cross.

When the defense presents an alternative theory of the crime, they reduce the number of possibilities to two. They can't have it both ways and say, "no, the crime didn't happen the way the state says, it happened like this," and then also claim maybe aliens did it.

The jury believed, wihtout any evidence, that george, for some reason, took the accidentally-drowned todddler and threw it in a trashbag into the woods a block down the street from his house.

226 posted on 05/18/2012 12:17:30 PM PDT by Trailerpark Badass
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