Quote:
Originally Posted by Louis Cyphre
I agree with lkasigh here. That are scenarios where the killing can be proven beyond a reasonable doubt but not the exact method. For example body buried in backyard, head in freezer, pics of corpse on cell phone and blood found in the house. Doesn't matter much if the victim was shot, stabbed, bludgeoned, poisoned or strangled.
Eh? You think it would be impossible to determine a cause of death with basically the entire body available for examination?
It's not impossible to have those scenarios and convict people, it is a significantly tougher sell to a jury if you can't weave a coherent story. People have been convicted of murder with no body.
However this all came about simply because poorskillz was making ridicukous arguments as to why the jury did not convict on mutilation. None of it had anything to do with the case just poorskillz and fraleyight wacky imaginations. Since they are epically ignorant about the legal system they don't understand what a compromise verdict is.
On the other hand I do have a problem with prosecutors being allowed to use two completely seperate narratives to try two different people accused of committing the same crime together. That simply should not fly. It is ridiculous. And is what happened in Avery/Dassey.
Back to the point, I doubt very many people have been convicted of murder where a prosecutor says "we have no idea how the person died." It is just never going to work as it is their job to explain to the jury how the person died. So regardless of how strong the physical evidence is they are still going to have a narrative as to what happened even if it's mostly fiction. Then the jury weighs the evidence versus the narrative.
If the prosecutor just goes "well we got a body here but don't really know what happened" that's not going to work. Nor would prosecutor poorskillz saying "well we think they either shot her and burned her or burned her and shot her" would not work either. It would be like having a robbery case where the prosecutor says "There is money missing. The rest is anyone's guess"