Legal question for you non-lawyers

[grumbler]

Actually I think the juice box is better.  Conceivably someone else could have brought a previously empty coke can to the house, but the accused's DNA on an item that was already in the house is golden.

As a member of the jury, I would find that there was a reasonable doubt that the juice box was "contaminated" by the DNA in some other fashion  - like that they gave the accused a juice drink and just didn't remember it.  The coke can is not theirs, however.   They couldn't have given a coke to someone who had, say, cleaned their gutters or mowed their lawn, since they didn't have one.

I'm not a lawyer, though.

[Scipio]

Go for it.  Don't you get paid if you win or lose?  I do.

I fucking nailed a guy today, though.  It was only a misdemeanor, but this asshole had sent three letters to the victim's employer (Hattiesburg PD Chief) regarding a civil dispute between himself and the victim, asking the chief to tell his subordinate to stop snitching to the bank that had foreclosed on his properties that he had stolen all the fixtures, appliances, and HVAC systems out of the foreclosed houses.

We convicted the shit out of him.  Which was nice, because I have a $267,000+ judgment against his bankrupt company.  So I felt like a boss for about five minutes.

[Ideologue]

So in Canada, if I bring cans I stole from a recycling bin to the scene of my robbery, and resist the urge to jerk off in my victims' panty drawer, I can confuse police and prosecutors and get someone else convicted of my crime?  Most non-heinous.

[Razgovory]

Go for it.  Don't you get paid if you win or lose?  I do.

I fucking nailed a guy today, though.  It was only a misdemeanor, but this asshole had sent three letters to the victim's employer (Hattiesburg PD Chief) regarding a civil dispute between himself and the victim, asking the chief to tell his subordinate to stop snitching to the bank that had foreclosed on his properties that he had stolen all the fixtures, appliances, and HVAC systems out of the foreclosed houses.

We convicted the shit out of him.  Which was nice, because I have a $267,000+ judgment against his bankrupt company.  So I felt like a boss for about five minutes.

While I'm glad you enjoy your work, I'm not sure this is a proper mindset for a defense attorney.

[katmai]

So in Canada, if I bring cans I stole from a recycling bin to the scene of my robbery, and resist the urge to jerk off in my victims' panty drawer, I can confuse police and prosecutors and get someone else convicted of my crime?  Most non-heinous.

Knowing you that is impossible.

[Ideologue]

We all have our weaknesses.

[katmai]

As I am a Mex-i-can't and too lazy to start an actual thread, just want to wish Beeb a Happy Birthday.

[Ideologue]

Shit yeah.  HBBB.

[Eddie Teach]

Actually I think the juice box is better.  Conceivably someone else could have brought a previously empty coke can to the house, but the accused's DNA on an item that was already in the house is golden.

You can't be sure it was their juice box and not another one brought from outside.

What's really better is having both. It throws pure randomness(e.g. kid kicks Coke can around for half a mile walking home from school) out the window. So he was either on/around the property, or somebody planted the items.

[Razgovory]

As I am a Mex-i-can't and too lazy to start an actual thread, just want to wish Beeb a Happy Birthday.

How old is? 50?

[Syt]

[Eddie Teach]

As I am a Mex-i-can't and too lazy to start an actual thread, just want to wish Beeb a Happy Birthday.

[Valdemar]

I'd guess you won't get a conviction on that.

Unless a matching DNA profile is approaching 100% certainty for identifying the suspect, he's just going to say "I have no idea how those things ended up there. I wasn't there" and that's that. I expect you need some other evidence.

The DNA profile is accurate to one in several billion people.  There is zero doubt that it is his DNA on those items.

Unless he in fact had a strong alibi he'd never, ever take the stand - that would allow me to introduce his rather extensive criminal record.  Which I otherwise wouldn't be able to mention.

The question is once I have introduced the evidence will the judge convict or not.

Can you prove the juice carton is the homeowners juice carton, and not one brougth, and potentially planted there?

say the juice carton only has the perpetrators DNA, then he can claim it was left by someone else. But if the juice has both his, and the prints of the homeowner, then its likely he has been there.

V

[Viking]

I'm confused what BB wants out of this. He has listed a set of facts. Assuming these facts are true then the accused should be found guilty. Surely asking us which of these facts are admissible is asking the wrong people. I'm pretty sure the judge decides these things.

Barring a good explanation for why the accused was in the house, a lecherous identical twin or suspicion that the home owner was falsely reporting the burglary I think it is reasonable to conclude that the accused did it.

[Eddie Teach]

Barring a good explanation for why the accused was in the house, a lecherous identical twin or suspicion that the home owner was falsely reporting the burglary I think it is reasonable to conclude that the accused did it.

Oh, sure he did it. State still needs to prove it.