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alphabeticdisorder t1_jdxq7ki wrote

Reply to comment by [deleted] in N.Y. to pay $5.5 million to man exonerated in writer Alice Sebold rape case by OutsideObserver2

No. Again, she was mistaken on the stand. Lots of people are, and it has nothing to do with honesty or intent.

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riptide81 t1_jdzjyqu wrote

I sympathize with her circumstances but I also actually think a lot of people aren’t being completely honest when answering that question phrased exactly that way.

We all know the reality of the situation is they essentially want a yes or no response. Any equivocation is a point for the defense towards reasonable doubt.

Hardly anyone is going to respond with, “I’m like 80% certain independently but I trust the police have the right guy and I know I need to just answer in the affirmative to help secure a conviction.”

I suppose we all could go back and forth endlessly about whether not telling the entire truth is lying. Pretty much everyone does it on a regular basis only the stakes are usually much lower.

It’s impossible for any of us, including you, to know for sure.

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[deleted] t1_jdxrasl wrote

[deleted]

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Cranktique t1_jdyj4f8 wrote

Dude, she did not charge him, the DA did. All she did was report her rape and answer their questions to the best of her ability. Our legal system doesn’t have the victims running this shit dude. She bares no blame, unless you think she was wrong to report being raped?

The reason we have lawyers, and a judge, and jury and fucking precedent is to determine who is guilty and innocent. Use your fucking head.

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Basas t1_je0kdxw wrote

She found him on the street and said she had no doubts he was the perpetrator to the best of her ability.

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alphabeticdisorder t1_jdxrmh4 wrote

Neat. How is that her fault? Did she coerce the prosecutor into pursuing the conviction based solely on her whims?

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[deleted] t1_jdxsj02 wrote

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alphabeticdisorder t1_jdxtc3j wrote

No, I said coerce. The prosecutor doesn't have to pursue everything anyone asks. I can't just walk over to the city prosecutor's office and demand they lock up my neighbor. Their job is to determine whether something can and should be prosecuted. A victim can't be expected to make those decisions impartially.

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[deleted] t1_jdxu5tv wrote

[deleted]

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NandiniS t1_jdyidr7 wrote

Apart from the fact that this is a shitty analogy, the answer to your question is clearly nope, you wouldn't be at fault at all if you simply asked me to kill someone (without coercion) and I'm the one that went and killed them. DUH. What kind of lunatic would suggest otherwise?

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empfindsamkeit t1_je06adm wrote

No, she knew that she had picked wrong the first time, and was merely following the lead of police. But she claimed it was her own identification and that she was sure of it. No person in that situation could be honestly mistaken about that. She had to know she was fudging the truth to the jury.

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