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Tuesday, April 18, 2006 Two links about DNA testing and circumstantial evidence Since many of the voices against the accuser have arisen b/c of the negative DNA test results (since we're all know-it-alls from watching the CSI franchises), Ampersand at Alas a Blog decided to do some research on DNA testing and results, calling up experts to give their opinions. Also, Lester Munson over at Sports Illustrated.com gives and illuminating breakdown the six critical factors of a rape trial in determining the outcome. The six factors include: injury to the victim; brevity of encounter; brutality of sex; outcry witnesses; the accused's previous predatory conduct; and prosecutorial skill and dexterity. Munson points out that the injury is the most declarative point in a rape trial, not so much the DNA. Munson previously analyzed several high-profile sexual assault cases including Mike Tyson and Marv Albert. It's interesting to find out some of the evidence that convicted Tyson. Note, a lot of people doubted Desiree Washington's story; after all, according to her indicters, she had gone to his room willingly in the early morning hours. She must have known what was going to happen. That was enough to convict her as a liar in the public's mind. That and her declaration that she was a virgin (I mean, c'mon, an 18-y-o black virgin; no such creature exists, right?) Yet the article shows that the evidence in her case (injury, outcry) as well as the prosecutor's superior abilities over that of Tyson's defense attorneys brought a conviction. Now everyone is wondering if Nifong is up to the challenge. As Munson points out, the Durham D. A. has stumbled, but he has not fallen yet.
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