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To: Trailerpark Badass

Possible alternative explanations of unknown likelihood might or might not rise in a jury’s mind to reasonable doubt. It’s the nature of the beast to allow it. I can’t see NOT allowing it. The prosecution also has a duty to be intelligent and allow for the jury to consider lesser crimes than the worst accused (I believe it didn’t in the Casey case).


229 posted on 05/18/2012 12:24:12 PM PDT by HiTech RedNeck (Mitt! You're going to have to try harder than that to be "severely conservative" my friend.)
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To: HiTech RedNeck
"Reasonable doubt" can be created by attacking the state's evidence, and allows for any possible alternative theory, UNTIL the defense offers their own. The defense can offer its own evidence, things which it asserts ARE TRUE. That necessarily reduces the number of possibilities to two.

It's the defense that makes that choice.

232 posted on 05/18/2012 12:31:22 PM PDT by Trailerpark Badass
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