@scottalanmiller said in Is Admitting That Someone's Suspicion of Guilt Is Correct Constitute Admission of Guilt:
@bnrstnr said in Is Admitting That Someone's Suspicion of Guilt Is Correct Constitute Admission of Guilt:
@scottalanmiller said in Is Admitting That Someone's Suspicion of Guilt Is Correct Constitute Admission of Guilt:
@bnrstnr said in Is Admitting That Someone's Suspicion of Guilt Is Correct Constitute Admission of Guilt:
@scottalanmiller said in Is Admitting That Someone's Suspicion of Guilt Is Correct Constitute Admission of Guilt:
Agreed, in general. My argument would be that there is a difference between a witness of a crime, and an admission to a crime. Heresay feels like a weird thing to claim against someone's admission of their own activities.
Maybe it's a bad word in this case. But imagine this discussion...
"I ate the sandwich."
"That's heresay"
"No sir, I literally put it in my mouth and ate it, no one told me about it."
Heresay as a word implies something that was heard, not the admission by the initial party.
Defendant: "We all know I eat"
Officer: "He ate a sandwich on november 3rd, he said I know that he eats, so I can testify that this is what he ate, even though I didn't actually see him eating a sandwich on that date"
Court: "Umm..... no"
No, it's like this.
Defendant: "I ate and the cop there on the stand knows what it was that I ate, his knowledge is accurate."
Officer under oath: "He had a ham and swiss."
Court: "Okay"
No, not at all. He didn't say "anything the police say is on my computer is there"... you're wearing me out here. He made an ambiguous statement about what's there.
I'm not trying to wear you out. I'm just trying to point out that your claim to ambiguity hinges on that "we both know what is on there" does not mean anything, and I feel that telling the cop under a situation of extreme clarity as to why the cop is asking that he does indeed know what is on there is very clear.
There are points as to why I feel it is not ambiguous...
- Presumably he knows exactly why he's being arrested and asked for the password.
- He knows what is on there.
- He tells the cop that what they think is on there is what is on there under a condition where the seems to be no reasonable doubt as to what he meant.
Under other conditions where one of those points doesn't exist, I would agree that his statement would be ambiguous. But under what we believe to be the situation, to me it seems anything but. It's crystal clear that he knew, they knew, and he admitted to exactly that.
None of this matters Scott.
What matters is that a person cannot be compelled to self incriminate or provide evidence against their own case.
You're wrong, and you're picking and choosing what to respond to to attempt to make your argument sound valid, when in fact it's just plainly wrong.