09 December 2004

Strange Crime News

1) "Your honor, my client was asleep when he raped her." Is that an affirmative defense?

2) Santa and pot. Hey! There had to be a reason he was always so laid back and happy.

3) Threatening people with "rapist dogs."

4) Do not run naked in front of the police dog - at least not if you want to remain male.


American On Line said...

"He said that he was asleep and the majority of the judges found that they could not rule out the possibility," defense lawyer Christian Riig told NRK public radio on Thursday.

The interesting part of that story is whether the Judges - literally - not being able to rule out "the possibility," that the defense was true, was the reason for acquittal, as opposed to reasonable doubt or other standard that makes sense. Can you imagine if the burden in the U.S. was to place upon the prosecutor the duty to rule out "the possibility" of a defense being true, as opposed to "reasonable doubt?"


Ken Lammers said...

I don't know what standard is actually applied over there but you're right if it's a mere possibility that something else happened there's not going to be many convictions.

I suspect the standard is actually similar to ours. The defense attorney was just speaking off the cuff. It would be like me, after winning a shoptlifting case, that the judge couldn't rule out the possibility that my client bought the shirt.

I'd really like to see a (translated) transcript of this case.