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Innocent until proven guilty vs public safety. Twins in France.

Discussion in 'The Pub' started by smileedude, Feb 11, 2013.

  1. #1 smileedude, Feb 11, 2013
    Last edited: Feb 11, 2013
    I thought this was a very interesting case worth discussing. Two people, clear evidence that one of them is guilty of multiple violent crimes but evidence can't separate them. How do you prosecute them? For arguments sake lets assume the DNA testing is 100% and no evidence becomes available that separates them.

    Do you send them both to gaol when it is very likely that you are sending an innocent man to gaol? Or do you let them go with the very real chance that one will offend again causing much pain to other innocent people?

    I am quite surprised that the police here can hold and charge both suspects with the same crime.

  2. What did the justice system do in cases of uncertain guilt before the advent of DNA testing?
    For the police in this case to throw up their hands on the basis of cost and convenience is absurd.
  3. so yet again it all comes down to money. they can do the work, they just don't want to. So the answer to your question is 'neither' - you spend to money to do the job right.
  4. WTF? Why is there even a question here? If the investigation for whatever reason doesn't prove beyond reasonable doubt the guilt of one party or the other why is there talk of throwing anyone in the clink? (Not that there is in the article butttt that was what the OP asked)
  5. I agree,

    But they have been both charged with the same crime and both are being held without bail even though it is probable one party is innocent. Is this alright?
  6. I can't say without knowing the details of the cases against both of them, is it probable that one party is innocent?
  7. Well there is no mention of cameras or witnesses identifying 2 people involved in any of the assaults. Obviously there is a lot missing from the details.
  8. I reckon they both did it.
    Why not resort to fingerprints?
  9. I doubt they would go for DNA of that were an option.
  10. I can see the headline now. Police waste 1.5 million of our tax dollars on a DNA test.
  11. I must ask my twin brother what he's been up to lately.

    But really, if they can't PROVE who is guilty, twin or a single person, then the person should be freed.
  12. In similar cases, identical twins are released when it cannot be proven beyond reasonable doubt who committed the offence.

    Link: Multimillion-dollar jewellery heist
    Link: Murder - Seeing double

  13. So hornet is safe from prosecution if they only have DNA evidence.
  14. I have vague memories of a case involving conjoined (Siamese) twins, and the one who did not do the crime could not be incarcerated, hence both were allowed to to free.

    It may have just been apocryphal.
  15. It wasn't me, it was the other chap
  16. or the equally valid "record $2m compensation payout after man freed for serving 5 years for a crime he didn't commit" :)
  17. Not really valid, given they have only been arrested based on suspicion and there is a long way from arrested to tried and gaoled. Somehow I imagine they managed to convince a judge that there was reasonable suspicion that twin number 1 was involved however there was same level of reasonable suspicion twin number 2 was involved. Maybe the arrested one twin on suspicion of half the rapes and the other on the other half.
  18. it's France.
    they don't have innocent till proven guilty there.
    very different legal system.
  19. I believe it's based on baguettes and thinness of moustachios
  20. Did anybody bother to check the quote given by the 'DNA expert'?