一個法律理論的邏輯問題：

I intend to ask a theoretical legal logic: if the prosecutor were certain that at least one of the two suspects were involved in a crime, but failed to prove who exactly was the perpetrator or both of them were; however at the same time, two suspects could neither exonerate themselves nor did they confess, can the judge find both or either of them guilty?

In a hypothetic case, the police found DNA were the only but solid evidence in a murder case. The DNA unfortunately belonged to twin brothers – thus they shared the same DNA. Neither of the brothers could provide a watertight alibi; both claimed their own innocence. Can any or both of them be found guilty? Is there any legal doctrine particularly set for this kind of situation under American legal system?

所有跟帖： 

• Try them separately -##^^##- ♂ (200 bytes) () 12/20/2004 postreply 14:13:49

• 回複：一個法律理論的邏輯問題： -FlyingPig- ♀ (206 bytes) () 12/20/2004 postreply 17:26:28

• A real case -ddsdsa- ♀ (246 bytes) () 12/21/2004 postreply 03:41:51

• 回複：A real case -scoopydoo- ♀ (867 bytes) () 12/21/2004 postreply 09:05:32

• 回複：回複：A real case -renren- ♀ (264 bytes) () 12/29/2004 postreply 01:39:00