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To: Trailerpark Badass

There’s an excluded middle here: the defense can offer a range of possible occurrences. This is the lawyer speaking, and not the defendant himself speaking, of course.


235 posted on 05/18/2012 12:35:34 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
Yes, but I think the Anthony defense was more an example of the alternative theory example. They were asking the jury to believe their version over the state's, and theirs was very specific.

They didn't say maybe a stranger took her, maybe her long lost father came back and killed her, they were asking them to believe THEIR story.

Evidence always narrows down the range of possibilities. In this case the evidence has narrowed it down to two: who threw the first punch.

241 posted on 05/18/2012 12:45:16 PM PDT by Trailerpark Badass
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To: HiTech RedNeck

We can NEVER forget that a trial is SUPPOSED TO BE UNFAIR to the state.

This is by design.

ALL the burden is on the state. ALL of it.

A prosecutor who tries to shift that burden via games with the jury will be toast.


268 posted on 05/18/2012 3:47:03 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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