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re: Making a Murderer to get new episodes

Posted on 7/20/16 at 1:30 pm to
Posted by Ace Midnight
Between sanity and madness
Member since Dec 2006
89801 posts
Posted on 7/20/16 at 1:30 pm to
quote:

Part of due process is not doctoring the evidence.


You can prove that? The defense made all sorts of allegations and offered those irregularities to the jury - the "planted" key, the EDTA, the alleged movement of her electronics and remains. The jury was offered those alternative explanations.

The jury does not have to believe every element of the prosecution's theory of the case to convict. The prosecution only has to prove every element of the charged offense beyond a reasonable doubt, period.

I know a lot of libertarian-leaning folks don't like this case. But, rest assured the evidence is fairly convincing they got the right guy (probably the right guys). The laws aren't there to protect the guilty, they're to protect the rest of us from police/prosecutorial overreach. My objections are on those grounds, not because I'm handwringing over Avery being jailed "unjustly." He isn't.
This post was edited on 7/20/16 at 1:43 pm
Posted by Goldrush25
San Diego, CA
Member since Oct 2012
33794 posts
Posted on 7/20/16 at 1:56 pm to
quote:

The jury does not have to believe every element of the prosecution's theory of the case to convict. The prosecution only has to prove every element of the charged offense beyond a reasonable doubt, period.


How many times do I have to say that I think he's guilty as well?

I can think he's guilty and simultaneously have a real problem with the way I feel evidence was mishandled. The fact that he was convicted is not evidence to me that everything was on the level or that his due process was not violated. And I think "well maybe some things about the case are sketchy, but it doesn't matter, he's guilty" is a very dangerous way for people to think about this type of thing.

The prosecutor gave a very detailed scenario on how they believe the crime was committed. When the evidence is incongruent with your account, I'm going to have questions. I can ask those questions while still holding the belief that Avery's guilty. But an unsatisfactory explanation would raise doubt for me. If I'm on the jury, I could justify voting "not guilty" while still thinking that Avery is the single most likely culprit of the murder.

Avery is not the victim of this type of stuff. It's the guy that actually will be innocent of a future crime that overzealous cops will stack the deck against, because they think they know. Here's the thing, sometimes we think a suspect's guilty and they're not. We're people and we mess up. Corrupt process only increases the likelihood that police mess up a case like this in the future.
This post was edited on 7/20/16 at 2:23 pm
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