[extropy-chat] three coins in a fountain, part 3: the test

Herb Martin HerbM at learnquick.com
Fri Oct 21 23:49:02 UTC 2005

Dirk Bruere
> Given that Furman took the fifth when asked if he planted the glove, I'd
say he planted the glove.
> Or is it routine, when US police are asked in court whether they planted
evidence, to say "I do not wish to answer that on the grounds I may
incriminate myself"?

No, it is not routine, but there are other plausible reasons for
Furman taking the 5th (e.g., he had already technically committed
perjury and answering further would expose that futher to
the jury OR deepen his perjury etc.).
But, juries are regularly instructed that when there are two
plausible explanations for any fact or set of facts they must
favor the defendent.

The JURY is required by law (and instructions of the judge) to favor 
the defendent when such multiple, plausible explanations exist.
And then there is Kato...who was never eliminated as another 
suspect for either/both acts.

Herb Martin
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