ian wrote on Nov 8
th, 2014 at 11:02pm:
UnSubRocky wrote on Nov 8
th, 2014 at 10:11pm:
An innocent person can be convicted over a technicality. A guilty man can go free based on a technicality. I have heard of people getting convicted based on a misinterpretations of what was said, or a matter of the judge being casually satisfied that the prosecutor has proven a lie to be true.
what sort of technicality are you talking about, give an example.
If the defendant gets caught up muddling his words, and is interpreted as having said something to imply guilt. Or having agreed that the prosecutor might have made a fair point about him in assuming a hypothetical situation. Being naive, assuming that they can prove their innocence later.
1. Lawyer: Did you assault this woman?
Defendant: No, I have not.
Lawyer: The victim had bruises all over her face, and she accuses you of assaulting her.
Defendant (interjecting): Prove it.
2. Lawyer: The defendant said that you had said that you asked him to burn a home down. Using the words "burn homes down". Is that true?
Defendant: I have also said (lecturing the lawyer without actually answering the question. Then answers the question in the negative).
Both answers would implicate guilt of an innocent defendant. But I would like to look this up of different examples.