05.10.06

Guilty of Something

Posted in Law at 10:15 am by Administrator

Here’s an interesting (hypothetical) legal question for you:

Suppose there are two hit-and-runs in a town on a certain night. The police apprehend two suspects and are able to prove that each suspect hit someone that night, but they can’t prove which victim belongs to which suspect.

Now suppose there are two shootings at opposite ends of a large building at the same time. Everyone in the building is tested and two people have powder residue on their hands. Again, police are unable to connect either suspect with their respective victim. There is also no evidence of conspiracy between the suspects.

Both situations are fundamentally the same. In each case, it’s obvious that each suspect is guilty of one of the crimes; but it’s impossible to know which one. (This assumes both suspects keep their mouths shut.) My question is: could the DA get any convictions at a trial?  Wouldn’t the existence of the other crime create a reasonable doubt that the defendant was involved with the crime in question?

I don’t know.

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