paging Sherlock Holmes

[RichD]

Two persons are accused of murder. The jury convicts one,
acquits the other. The judge then releases both, no sentence
imposed, without denying the convict's guilt.

Explain.

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Rich

[Jeff Layman]

They are identical twins and it is was not clear which one of them
committed the murder.

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Jeff

[Stuart O. Bronstein]

That would be the answer. However if it went to a jury and the jury
decided they could tell which one did it, that would normally be the
end of the story.


--
Stu
http://DownToEarthLawyer.com


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[Nick Odell]

On Mon, 13 Nov 2023 11:50:01 -0800 (PST), "Stuart O. Bronstein"
<spam...@lexregia.com> wrote:

>Jeff Layman <Je...@invalid.invalid> wrote:
>> RichD wrote:
>
>>> Two persons are accused of murder. The jury convicts one,
>>> acquits the other. The judge then releases both, no sentence
>>> imposed, without denying the convict's guilt.
>>>
>>> Explain.
>>
>> They are identical twins and it is was not clear which one of them
>> committed the murder.
>
>That would be the answer. However if it went to a jury and the jury
>decided they could tell which one did it, that would normally be the
>end of the story.
>

In the UK we have Joint Enterprise although its use has been
considerably tightened up within the last few weeks.
https://yjlc.uk/resources/legal-updates/law-joint-enterprise-put-right-supreme-court

Nick

[Jeff Layman]

On 13/11/2023 19:50, Stuart O. Bronstein wrote:
> Jeff Layman <Je...@invalid.invalid> wrote:
>> RichD wrote:
>
>>> Two persons are accused of murder. The jury convicts one,
>>> acquits the other. The judge then releases both, no sentence
>>> imposed, without denying the convict's guilt.
>>>
>>> Explain.
>>
>> They are identical twins and it is was not clear which one of them
>> committed the murder.
>
> That would be the answer. However if it went to a jury and the jury
> decided they could tell which one did it, that would normally be the
> end of the story.

If they were truly identical (no physical difference - scars, etc) I
think that the only incontrovertible evidence would be fingerprints,
which differ even in identical twins. In the absence of that, what would
be the chances of an appeal succeeding if they were both jailed despite
both claiming to be innocent?

--

Jeff

[Stuart O. Bronstein]

In the US we do, too. Here it's called a conspiracy. In the example
it is presumed that one is guilty and the other is completely
innocent and had nothing to do with the crime. In that case it would
be the case that, if the jury couldn't determine which was with, they
would both have to go free. But if the jury thinks they can figure
out which one it was, that's likely the end of it.

[RichD]

On November 13, Stuart O. Bronstein wrote:
>>> Two persons are accused of murder. The jury convicts one,
>>> acquits the other. The judge then releases both, no sentence
>>> imposed, without denying the convict's guilt.
>>> Explain.
>
>> They are identical twins and it is was not clear which one of them
>> committed the murder.
>
> That would be the answer. However if it went to a jury and the jury
> decided they could tell which one did it, that would normally be the
> end of the story.

Siamese twins.
You can imagine how this would piss off the judge.

There was a film with this theme (not siamese twins),
~1950, during the film noir era. I can't recall the title.
Anyway, it's a good sister / evil sister story line, a dark
psychological drama. My kinda movie -

--
Rich

[Rick]

"RichD" wrote in message
news:8acba381-3b6c-4c96...@googlegroups.com...

Check this out:

https://vistacriminallaw.com/could-the-siamese-twins-in-american-horror-story-be-charged-with-murder/


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