How can you say a confession renders a situation devoid of doubt. People confess to things they didn't do fairly frequently.Originally Posted by RioDeLeo
Going back to JP's point about the jury all having to be eye witnesses; if they were not, then it could be that the evidence of the actual eye witnesses is false, police corruption can influence matters. Even if one jury member wasn't an eye witness then the jury cannot convict with no doubt whatsoever.
Video evidence can be doctored by unscrupulous lawmen.
Hardly likely but even if there is a tiny, 0.00001% chance of the eye witness' account being false or the video evidence being falsified, then the case isn't 'absolutely without doubt'.
Yes, it's pedantic but lawyers are pedantic chaps. Only passing sentence if the conviction can be made 'absolutely without doubt' would mean that the sentence is never passed.
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