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Old 08-30-07 | 09:32 AM
  #99  
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Helmet Head
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Joined: Mar 2005
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From: San Diego
Originally Posted by Blue Order
To take the jury analogy a bit further, it would never be appropriate for a jury to speculate, or to manufacture hypotheses, in deliberations.

The jury is presented with the evidence for a conviction, and with the defense against that evidence. That is all the jury is permitted to consider. A jury is permitted to decide which evidence and testimony it finds more convincing. But what HH does-- manufacture a hypothesis of what "might have happened," based on "logic and reason"-- would be grounds for a mistrial if he ever tried that in deliberations.
The jury is not allowed to consider a scenario that fits the facts, but is different from the one the prosecution has presented? How does one determine guilt beyond a reasonable doubt if not by trying to hypothesize an alternative scenario that fits the facts, but failing to do so?
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