James Cox6 said:Not "sometimes"... more like always. There’s nothing better than having a witness suddenly change their testimony!
Even when the defendant changes their story while I'm representing them—it's a dream!
In these two posts, we're revisiting an old topic where I argued that a suspect's initial statement—given during arrest to a lawyer on duty (especially in specific cases like narcotics)—can be used by someone looking to throw people in jail.
And that courts generally convict people based on those exact statements.
testdrive claimed that wasn't true—that judges actually investigate all evidence and weigh everything, and that that first police station statement doesn't carry much weight later on, basically saying my claim was impossible.
To which I replied that while it sounds impossible, it happens constantly. I told everyone to look at Supreme Court of the United States precedent where, say, in a Chicago courtroom, people were convicted based on logic like: "I sold it to him, and he sold it to a third party." Did you see him sell it to the third party? The answer was: "No, but the fifth guy told me the fourth guy bought it from the third."
That's the kind of testimony we're dealing with.
I'll just quote my own words from that thread:
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2. What exactly is so confusing about how a judge evaluates evidence, specifically regarding Rule 351.2 of the Federal Rules of Criminal Procedure which states:
"The court must conscientiously evaluate every piece of evidence individually and in conjunction with the other evidence to draw a conclusion as to whether a fact has been proven."
So, like I already told you, there's no debate that a statement made to law enforcement in the presence of an attorney carries evidentiary weight, but it is by no means "irrefutable," nor is it fundamentally different from any other piece of evidence, and just because someone said something—whether it was to a cop or right there in front of the judge—doesn't automatically make it the absolute truth...
By the way, since you claim the criminal code is the "most complicated law ever," I'm assuming you aren't exactly best friends with it, but claiming that there is no presumption of innocence in a criminal proceeding—which is literally guaranteed by the Constitution—is just going way too far...
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So, I'm sticking to what I said, and I'm asking you to please stop making things up...
Furthermore, I honestly can't tell if you're genuinely misunderstanding the issue or if you're doing it on purpose, but you constantly pull things completely out of context, so I suspect that's what's happening here too: this whole "he told me, then the third guy told him" thing is what we call "hearsay," and a conviction for drug dealing certainly wasn't handed down solely on rumors, because alongside that kind of testimony, there had to be something else solid...
Just a little reminder that you were recently "shining" in your interpretation of legal precedent when we talked about the difference between possessing a joint for personal use versus giving one to a minor—you probably used that same flawed logic when trying to read into this disputed verdict...
And for the record, I'm not "bragging" about knowing criminal law, but you're the only one who took it upon herself to play judge, and you did it by constantly trying to categorize me somewhere on a spectrum between a random civilian and a federal prosecutor, even though I repeatedly asked you not to do that...
I'll repeat that request one more time and suggest once again that you stick to what's actually been written in our conversation...