4 ms·
All of those examples are of LE claiming that somebody was at a given location, not a defendant using it to prove they were somewhere else. What's the differen
by cookie_monsta 3y ago
All of those examples are of LE claiming that somebody was at a given location, not a defendant using it to prove they were somewhere else.
What's the difference? One is somewhat difficult to fake, the other is laughably easy.
Not saying it hasn't been attempted somewhere, I'm saying it would be a very weak prosecutor who couldn't cast doubt on it as a piece of "proof"
- sokoloff 3y agoThe proof obligation is (correctly) vastly higher in one direction than the other in a US criminal trial. A defendant using it to create reasonable doubt is a win for the defense. A prosecutor who is only able to cast doubt on it is not a win for the prosecution.