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A crime such as murder just because people say you were the one who did it even though theres nothing linking you to the crime such as weapon, dna, or finger prints

rEGULAR jOE SCHMOES PLEASE DONT ANSWER THIS CAUSE YOU DIDNT GO TO SCHOOL FOR THIS STUFF

2006-09-28 06:19:33 · 13 answers · asked by Anonymous in Politics & Government Law & Ethics

13 answers

I'm not a regular joe schmoe, I slept in a Holiday Inn Express last night!

It depends on the credibility of those testifying, your defense's ability to tear them apart, and the state's requirements.

2006-09-28 07:00:16 · answer #1 · answered by Manny 6 · 0 0

I'm a former felony prosecutor, and the answer is yes. The state can charge and prosecute you for a crime based on the testimony of witnesses even in the absence of physical evidence. Generally, however, the state will not bring charges based solely on witness testimony because it is mush more difficult to get a conviction without more. Juries today expect to see the weapon, DNA, fingerprints, and/or other physical evidence before convicting someone (juries seem to expect the types of evidence they see on television).

The state will often times delay bringing charges until it can obtain physical evidence to corroborate the witness testimony. It will generally only bring the charges without such additional evidence only after exhausting all investigative avenues. Even then, it may not bring charges and wait, since the Double Jeopardy Clause prevents trying someone twice for the same crime, so the prosecutor needs to be as certain as possible about obtaining a conviction before going forward.

In summary, the prosecutor can bring charges and prosecute you for murder, even if the only evidence against you is that of witnesses. In the absence of other physical evidence, however, I think that it is unlikely to happen in the near future. Beware, though, that there is generally no statue of limitations for murder, so the state could charge you at any time for the murder at any time during the rest of your life. So don’t be surprised if you’re sitting at home watching television one day ten years from now when the police breakdown your front door and arrest you for murder. It could easily happen if the police discovery some physical evidence that links you to the crime.

2006-09-29 10:41:49 · answer #2 · answered by Anonymous · 1 0

I'm not a lawyer, but I am a paralegal specialist who has helped try several murder cases and has assisted in the court room: While it is true that physical evidence like finger prints, DNA, a murder weapon, etc., make a better case for murder, it is possible for a person to be convicted of murder based on witness testimony alone. In such a case, however, you would have to have more than one eye witness, and witness credibility can always be attacked. You're usually dealing with witnesses who saw something happen from a distance, so it's very difficult for a witness to say with 100% accuracy that THAT PERSON RIGHT OVER THERE was the person they saw. The amount of creedence placed on the testimony of a witness also has a lot to do with who the witness is and what they do for a living. For example, law enforcement officers are generally considered to be credible witnesses, but your average Joe on the street may be credible or he may not be. If a person is a drug/alcohol user, has a criminal record, or has a job that is generally considered to be immoral (stripper, prostitute, etc.) that person is usually considered not highly credible. So a conviction based on witness testimony alone is VERY tough, but it is possible.

2006-09-28 13:33:28 · answer #3 · answered by sarge927 7 · 1 0

If witnesses actually saw the crime commited and testify as such then yes, there can be a conviction. If not it would be hear say. BTW, I am not a lawyer but I did stay at a Holiday Inn Express last night.

2006-09-28 13:25:54 · answer #4 · answered by dudeman 4 · 3 0

In the state of Minnesota, you need more than creditable witnesses if other evidence is available. A creditable witness consists of someone with NO criminal history and little to no traffic violations. If there are figerprints on the crime scene and weapon that don't match yours, you have a good chance. If there are no fingerprints, and a nice clean crime scene and all they have are the witnesses, there is a great chance you will be convicted.

2006-09-28 13:34:10 · answer #5 · answered by akitashencp 2 · 0 0

In order to convict a person of murder you have to have meet the common law requirements. You should check out the state's requirement for conviction of murder. Murder is different from Manslaughter. With murder the crime was planned, so they may be able to use testimony if you have been saying that you were going to kill a particular person.

2006-09-28 14:18:52 · answer #6 · answered by Laughing Libra 6 · 0 0

In what world do you think a lawyer is going to give you free legal advice?

And yes you can...you may not, but it can happen. You can always argue that the witnesses are unreliable, out to get you, blah blah. That is what a trial is for.

I'm not a lawyer but I am a law nut, a paralegal and yes, I did go to school for that stuff.

2006-09-28 13:29:57 · answer #7 · answered by elysialaw 6 · 0 0

In the state of Texas.......( You should include which state you are in since the laws are different ) if there are 3 ' credible ' witnesses that say they saw you did it you will be convicted even if that is the only evidence. In a situation like yours it would all be " he said she said " it would depend on who the jury believed.

2006-09-28 13:23:49 · answer #8 · answered by The Angry Stick Man 6 · 0 0

I am a regular joe schmoe that just wanted to drop a line and say that I think your question is not well thought out and is self answerable. If you want legal advice, hire a damn lawyer yourself!

2006-09-28 13:22:31 · answer #9 · answered by barter256 4 · 1 1

I'm not a lawyer, but even I know theanswer. YES

2006-09-28 13:21:35 · answer #10 · answered by judy_r8 6 · 0 0

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