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Nicola payne (1 Viewer)

  • Thread starter wingy
  • Start date Jan 27, 2015
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Johnnythespider

Well-Known Member
  • Nov 16, 2015
  • #36
wingy said:
Especially the bungler who was responsible for logging and storing exhibits.
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He or she probably used the tent on a camping trip
 

Philosoraptor

Well-Known Member
  • Nov 16, 2015
  • #37
Been following this. Police have lost credibility in the misplacement of the hair brush in their custody. Shows guidelines were not followed. How can you say there are no cross-contamination of hair samples when you don't even know where you have stored the hair brush.

Hopefully new evidence will someday come to light in this case.
 

Johnnythespider

Well-Known Member
  • Nov 16, 2015
  • #38
I fear the only way the truth will come out is a deathbed confession from whoever did it
 
S

skybluesam66

Well-Known Member
  • Nov 16, 2015
  • #39
we dont know for sure she is dead - a lot of the questioning etc, was around whether she had disappeared at will
 
R

RedSalmon

Well-Known Member
  • Nov 16, 2015
  • #40
Grendel said:
You can't really make judgements from media stories but there seemed no evidence other than one hair which proved inconclusive. They didn't even seem to be able to link the accused pair to the victim. No apparent motive, no real evidence. Amazed the CPS bought the case forward.
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My understanding, from someone who knows about this sort of thing, is that the CPS will only ever go for a prosecution if they think they have at least a 60% chance of winning the case, and it is in the public interest.
 

Otis

Well-Known Member
  • Nov 17, 2015
  • #41
Grendel said:
Yes it does in a civilised society
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No, you misunderstand. Maybe I worded it wrong. What I meant was that just because you are found not guilty doesn't necessarily mean you didn't do it, so by the letter of the law you are innocent, but guilty people have been found not guilty in the past and continue to do so.

There are cases where there has been insufficient evidence to convict and therefore a not guilty verdict, but the people have been guilty.
 

Philosoraptor

Well-Known Member
  • Nov 17, 2015
  • #42
Ei incumbit probatio qui dicit, non qui negat.
 

Otis

Well-Known Member
  • Nov 17, 2015
  • #43
Philosorapter said:
Ei incumbit probatio qui dicit, non qui negat.
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Is that Latin for O J Simpson and Oscar Pistorious?
 

Philosoraptor

Well-Known Member
  • Nov 17, 2015
  • #44
Otis said:
Is that Latin for O J Simpson and Oscar Pistorious?
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The burden of proof is on the one who declares, not on one who denies.

Its the presumption of innocence. English common law is as screwed as a legal system can be. In Scotland, by the way, the jury has a third option of, "not proven".
 
Last edited: Nov 17, 2015

Otis

Well-Known Member
  • Nov 17, 2015
  • #45
Philosorapter said:
The burden of proof is on the one who declares, not on one who denies.

Its the presumption of innocence. English common law is as screwed as a legal system can be. In Scotland by the way the jury has a third option of "not proven".
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Yeah, but then I suppose the assumption could then be that 'not proven' means guilty, rather than possibly innocent in some people's eyes, that the public might well err on the side of guilty.

It's never going to be a perfect system is it. Sometimes people can get off because they have good lawyers, or through a technicality whereby forensics weren't gathered correctly, or procedures weren't followed.

There were acquittals in the initial Stephen Lawrence trial down to insufficient evidence, even though police were convinced of their guilt.

Never going to be a 100% full proof system is it unfortunately.
 

Otis

Well-Known Member
  • Nov 17, 2015
  • #46
You have to say that if O J Simpson didn't have the best lawyers in the country he may well have been found guilty.

Sent from my Hudl 2 using Tapatalk
 

Philosoraptor

Well-Known Member
  • Nov 17, 2015
  • #47
Otis said:
Yeah, but then I suppose the assumption could then be that 'not proven' means guilty, rather than possibly innocent in some people's eyes, that the public might well err on the side of guilty.

It's never going to be a perfect system is it. Sometimes people can get off because they have good lawyers, or through a technicality whereby forensics weren't gathered correctly, or procedures weren't followed.

There were acquittals in the initial Stephen Lawrence trial down to insufficient evidence, even though police were convinced of their guilt.

Never going to be a 100% full proof system is it unfortunately.
Click to expand...

I believe it has more to do with the epistemological argument around the nature of innocence rather than the assumption of guilt in a 'not proven' case.

To say someone is not guilty in Scotland then the evidence would need to back it up, rather than in England where a not guilty verdict needs to be found if there is reasonable doubt in the guilt.

And you are correct, there is never going to be a full proof system.
 
Last edited: Nov 17, 2015
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skybluesam66

Well-Known Member
  • Nov 17, 2015
  • #48
in this case however - however much the police thought they were guilty, the evidence was worse than a game of cluedo. A complete waste of time
 

Otis

Well-Known Member
  • Nov 17, 2015
  • #49
skybluesam66 said:
in this case however - however much the police thought they were guilty, the evidence was worse than a game of cluedo. A complete waste of time
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Well that was why I was asking. Haven't followed this trial as intently as some.

How was this ever brought to trial then? Desperation? Long shot?

A waste of everyone's time and money and more heartache for the Payne family.
 

SuperElite

New Member
  • Nov 23, 2015
  • #50
very bad policing, rubbish witnesses and a laughable alibi. Wonder what happened to the Capri?
 
C

Covbaker96

New Member
  • Nov 26, 2015
  • #51
No body no case simple as..

that's why the guys were declared not guilty
 
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