Mike, did you read my whole post concerning this topic?
Because it seems like it my efforts were completely lost on you.
I'm trying to help a guy out to get at least some of the money to get his
truck fixed. Do you really think that going to court and saying to the
judge "i broke up wit that bitch and then i came out and my truck was keyed,
it MUST have been her". Or actually presenting a good argument for the
judge?
Now, to argue legal points, fingerprints are not circumstantial evidence.
They are physical evidence left behind by someone who has committed a crime.
Circumstantial evidence would be like saying "that guy was walking by
right before my car blew up". Circustantial evidence is merely coincidence.
When you start narrowing down how "coincidental" the different chain of
events surrounding a crime are, then you are making a case.
Mike, have you ever been to court and heard a lawyer call an objection to
another lawyer that is presenting circumstantial evidence? That is not
viewed by the legal community as proof of a crime.
Back to the original issue of trying to help someone out. Do the legwork,
if you end up in court and you present the judge with a good argument backed
up with proof (ie. taped confession) then you will win. Because all the
ex-girfriend can say is that she didn't do it.
That's all i'm going to say about this topic on the DML because it's
off-topic and wasting bandwidth,
Frank WJ
>From: Mike Crumley <mcrumley@airmail.net>
>>Cicumstantial evidence is not a good stance to take in court.
>
>Not so. Fingerprints are circumstantial evidence and are some of the
>strongest evidence you can have. In many ways circumstantial evidence is
>better than direct evidence. But apart from that, we're talking about a
>small claims case here. The burden of proof is not "beyond a reasonable
>doubt". The judge is only going to consider which is more likely to be
>true. Now, which do you think is MORE LIKELY...that the girl keyed the
>truck as she left mad, or that some random vandal just happened to pick
>that particular time span to pick his truck to key? He knows she keyed his
>truck, everybody on the DML knows she keyed his truck and the judge will
>too.
>
>Mike Crumley 97 V6 Auto
______________________________________________________
Get Your Private, Free Email at http://www.hotmail.com
This archive was generated by hypermail 2b29 : Fri Jun 20 2003 - 12:18:37 EDT