Obviously juveniles (even in capital cases) will at most serve until they're 21(most of the time in a psych hospital) and be released (not all cases but most).
Circumstantial Evidence legal definition of Circumstantial Evidence. Circumstantial Evidence synonyms by the Free Online Law Dictionary.Circumstantial Evidence is also known as indirect evidence. It is distinguished from direct evidence, which, if believed, proves the existence of a particular fact without any inference or presumption required. Circumstantial evidence relates to a series of facts other than the particular fact sought to be proved. The party offering circumstantial evidence argues that this series of facts, by reason and experience, is so closely associated with the fact to be proved that the fact to be proved may be inferred simply from the existence of the circumstantial evidence.
The following examples illustrate the difference between direct and circumstantial evidence: If John testifies that he saw Tom raise a gun and fire it at Ann and that Ann then fell to the ground, John's testimony is direct evidence that Tom shot Ann. If the jury believes John's testimony, then it must conclude that Tom did in fact shoot Ann. If, however, John testifies that he saw Tom and Ann go into another room and that he heard Tom say to Ann that he was going to shoot her, heard a shot, and saw Tom leave the room with a smoking gun, then John's testimony is circumstantial evidence from which it can be inferred that Tom shot Ann. The jury must determine whether John's testimony is credible.
There is no circumstantial evidence, nor any facts supporting the existence of the alleged shotgun, and the only witness who claimed to have seen the boys with 'something', then effectively retracted that evidence when questioned under oath.
LOL, you may make as many offensive personal remarks as you like, but your position is not supported by established fact. I have made my point to the satisfaction of others, and am finished with you - you may go now.
I hate the idea of causes, and if I had to choose between betraying my country and betraying my friend, I hope I should have the guts to betray my country. E.M. Forster
Obviously they later retracted that claim because at that time they didn't know whether the boys were good guys or bad guys when they heard the shots. They didn't know what to make of it when one of the boys went to the back, lifted the hatchback door and leaned in and so by that posture they just assumed he was stashing something.
Last edited by dolphinocean; 02-27-14 at 04:29 PM.
There was no shotgun found anywhere in the parking lot either and the two witnesses did not see the two boys walk away from the Durango to the dumpsters that were far away behind the building.
Whatever "circumstantial evidence" Excon desperately trying to claim, the evidence from witnesses and logic all pointed to Dunn's propensity to lie and make up stuff in order to save his butt. His running away without reporting the shooting to the police until he was caught and then made up lies to police and even under oath only proved that he is a pathological liar. Yet, he was arrogant and obnoxious towards Guy when his numerous lies were exposed in front of the judge and jury.
For the three stupid jurors to believe an outright and obnoxious perjured killer's stories, they themselves must have been cut from the same cloth.
Last edited by dolphinocean; 02-27-14 at 04:53 PM.
I don't know what shenanigans Excon was trying to pull when he frequently talked about the driver calling his aunt who later came into the area.
Tommy the driver had to call his aunt and she has to come for the following reasons:
1. She is the registered owner of the Durango.
2. Tommy wasn't the owner of the Durango and his name was not in the title.
3. Since he was driving a vehicle that did not belong to him he had to call his aunt to verify to the police he did not steal the vehicle but had her permission to drive it.
4. He got his aunt's car in a mess, he had to call her to let her know what happened.
5. She had to come to the area because she had to verify to the police she owned the vehicle and she had to grant the police to search her vehicle and signed paper for the impoundment and get police report to file for her insurance claim.
It's just dishonest to create a false sense of fishiness when there was none.
It also makes you wrong to that we are speaking about.
And you again show you know not the testimony being discussed, as nothing was retracted under oath.
What is CIRCUMSTANTIAL EVIDENCE?
Evidence directed to the attending circumstances ; evidence which inferentially proves the principal fact by establishing a condition of surrounding and limiting circumstances, whose existence is a premise from which the existence of the principal fact may be concluded by necessary laws of reasoning. State v. Avery, 113 Mo. 475, 21 S. W. 193; Howard v. State, 34 Ark. 433; State v. Evans, 1 Marvel (Del.) 477, 41 Atl. 136; Comm. v. Webster, 5 Cush. (Mass.) 319, 52 Am. Dec. 711; Gardner v. Preston, 2 Day (Conn.) 205. 2 Am. Dec. 91; State v. Miller, 9 Houst. (Del.) 564, 32 Atl. 137. When the existence of any fact is attested by witnesses, as having come under the cognizance of their senses, or is stated in documents, the genuineness and veracity of which there seems no reason to question, the evidence of that fact is said to be direct or positive. When, on the contrary, the existence of the principal fact is only inferred from one or more circumstances which have been established directly, the evidence is said to be circumstantial. And when the existence of the principal fact does not follow from the evidentiary facts as a necessary consequence of the law of nature, but is deduced from them by a process of probable reasoning, the evidence and proof are said to be presumptive. Best, Pres. 240; Id. 12. All presumptive evidence is circumstantial, because necessarily derived from or made up of circumstances, but all circumstantial evidence is not presumptive, that is, it does not operate in the way of presumption, being sometimes of a higher grade, and lending to necessary conclusions, instead of probable ones. Burrill. CIRCUMSTANTIBUS, TALES DE. See TALES.
Law Dictionary: What is CIRCUMSTANTIAL EVIDENCE? definition of CIRCUMSTANTIAL EVIDENCE (Black's Law Dictionary)
What is CIRCUMSTANTIAL EVIDENCE? definition of CIRCUMSTANTIAL EVIDENCE (Black's Law Dictionary)
"The law is reason, free from passion."