Judge axes trial as victim is 'too honest' to give evidence, page 1
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ATS Members have flagged this thread 4 times
Topic started on 14-1-2009 @ 08:04 AM by george_gaz
A robbery victim saw one of her alleged attackers cleared on Tuesday because the judge said she was too honest to give evidence.

Her evidence had been so impressive the jury would believe her rather than def­endant, Liam Perks, the judge said.


Source - Metro UK

I fail to see how a person can be "too honest" to give evidence. It seems that because it was the victims word against the accused's that the jury would believe her over him and that was not fair.

Erm ......

Right.

Anybody well versed in law that can comment on this and how it can be acquitted like this?
Anybody like to comment on what this might mean in terms of NWO, freedom of speech etc?

edit: to remove title

[edit on 14-1-2009 by george_gaz]


reply posted on 14-1-2009 @ 09:36 AM by whiteraven
reply to post by george_gaz



This is in Britain?

So how do the basic rights of the accused come into play here?

How strange.

[edit on 14-1-2009 by whiteraven]


reply posted on 14-1-2009 @ 09:47 AM by boaby_phet
reply to post by george_gaz



Huuuuuuu?!?!

im completly bamboozled .. i thought it was the law to be super honest in court, and thats the whole point..

unless, theirs a really dumb situation and she has accused someone of stealing but really it was her own fault and not really a theft.. We would have to know the whole story first as atm its all speculation.


reply posted on 14-1-2009 @ 09:50 AM by george_gaz
Eyewitness testimony has come under increasing scrutiny in the past several years because of its unreliability. Studies have shown that eyewitness identification is wrong almost 50% of the time. This is not because the witnesses are lying or being deceptive. Rather, more often than not, they are simply mistaken. Usually, they are good citizens trying to help the police. In order to understand why eyewitnesses so frequently are inaccurate in their identifications of crime suspects, it is important to know a few things about human memory.


Source

Eyewitness testimony is a powerful tool within any field, particularly that of justice, as it is a readily accepted form of evidence that allows for convictions. Tests conducted in 1979 (Loftus) have shown an enormous 54% swing from a non-guilty verdict, to that of guilty within the same case simply through the introduction of an eyewitness. This alone displays the potency of eyewitness testimony, and asserts the theory that jurors tend to over believe, or at least weigh heavily on such evidence (Kennedy & Haygood, 1992).


Source

It seems that eyewitness testimony is something that some agree with and others don't but if the emboldened quote above is true then this should have led to a conviction!


reply posted on 14-1-2009 @ 10:41 AM by NatureBoy
ok, so take away the shock you feel at the emotive title and consider the actual case. The judge HAD to throw the case out, thats how it works.

Back in the days of the old bailly, London (long before america was a nation) people used to stand outside the court with a strand of straw sticking from their shoe, a lawyer would then know that these people would sell their 'witness testimony' for a small fee.

In court the man would swear blind that he had seen the defendant commit the crime, thus we get the phrase 'straw man' i.e. an argument with no proof.

The legal system adapted and so now you can't be convicted on witness testamony alone, a case needs REAL evidence.

hehe now most of you UFO, Big Foot, Jesus, etc people don't care about real evidence but the courts do.

'Better ten guilty men go free than one innocent man in jailed'

The woman was shocked, confused and is likely to be confused, even really honest people get confused -maybe she's convinced herself it was him because he looks a bit like the guy, there are millions of case studies in which people have been tricked into thinking they saw something they didn't -anyone that's been to a magic show knows just how easy it is to tick the human brain into being #SURE# it saw something it didn't.

Just picture yourself in the dock while the jury swallow every word of some crazy old ladys story, you're looking at 6to9 for a crime you didn't commit just because some sweet little ol' dear thinks you look like someone else.


reply posted on 14-1-2009 @ 10:50 AM by NatureBoy
reply to post by TasteTheMagick



oh, do you have the case studies to hand? hehe or did you witness this happen?

a witness is not able to secure a conviction without other evidence, even if the witness is a police man! yes -they lie and get confused too.


reply posted on 14-1-2009 @ 10:56 AM by TasteTheMagick
reply to post by NatureBoy



On hand? No. I watch a lot of court/tru TV and have seen a lot of situations where all they had was witness testimony. They PREFER to have more evidence, but in something like a robbery eyewitness testimony is typically accepted with no other evidence or only circumstantial evidence.

Also, the thing here is that the judge said that the jury might give the woman's testimony more weight than the man's because she was 'too honest'. It wasn't a question of other evidence.


reply posted on 14-1-2009 @ 10:59 AM by george_gaz
Wrongful convictions

Faulty eyewitness testimony is one of the leading causes of wrongful convictions in the US. On the basis of mounting evidence, psychologists have argued that a major contributing factor to these wrongful convictions is one of the seven sins of memory: suggestibility (Schacter, 1999).


Source

The freeing of James Calvin Tillman after 18 years of wrongful imprisonment contains a lesson that has been told and retold thousands of times: Eyewitness identification of strangers is unreliable.


Source

I guess that in hindsight, from a law perspective, this was probably the right thing to do. I just think that the victim is very hard done by and it does not help with the way that the judge and the media have labeled this.


reply posted on 14-1-2009 @ 11:01 AM by TasteTheMagick
reply to post by george_gaz



Now see, I can understand that a case would not be taken because there is not enough evidence, but to make the excuse of someone being too honest is the thing that's really bothering me.
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