Twins' DNA Foils Police
Hugh Pickens writes "The Telegraph reports that James and John Parr were both arrested after watches worth £10,000 were stolen from a shopping center. Police found blood on a piece of glass at the scene of the crime and traced it back to the 25-year-old identical twins through DNA tests. But James and John both denied the theft and, because they have identical DNA, it has been impossible to prove beyond a reasonable doubt which twin is responsible. 'The police told us that they knew it was one of us, but we both denied it,' says James. 'I definitely know I didn't do anything wrong. I was watching my daughter that night.' Now the Crown Prosecution Service (CPS) has concluded that it cannot prove beyond reasonable doubt who was responsible. 'Unless further evidence becomes available, we are unable to authorize any charge at this time,' says CPS spokesman Rob Pett. 'This is certainly not something that we regularly encounter.' Identical twins have hindered police investigations a number of times since the advent of DNA testing. In Malaysia last year, a man suspected of drug-smuggling and sentenced to death was released when the court could not prove whether it was he or his twin brother who committed the crime."
Which one has the cut that left the blood behind?
So DNA is the only way to prove guilt and find the truth? I remember in the old days, before DNA, they were still able to catch criminals. Maybe they should find some retired police officers to see how it's really done.
DNA by itself should never be used as the sole evidence to convict someone. It can be a useful indicator for finding suspects, but there always needs to be more direct evidence to provide a conviction. It is not just that people who don't have twins can be convicted solely based on DNA evidence, while people who do have twins cannot because of the possibility of convicting an innocent person. And that is not even going into DNA collisions or tainted samples.
Instead of resorting to third-world tactics like that, maybe the police investigators could just do their jobs, investigate the crime scene, and find some less-ambigous evidence that conclusively points to one brother or the other. Oh, and that doesn't mean that they "manufacture" the evidence, either.
Guilty until proven innocent?
...a man suspected of drug-smuggling and sentenced to death...
I'm surprised nobody has said anything about this. Sentenced to death for smuggling drugs? That's more of a problem than twin's getting away with theft and... well... drug smuggling.
No, we don't need to clone ourselves, just mutate our DNA by exposing ourselves to radiation.
If my understanding of science is correct, we'll also get super-powers, which in turn will lead to us not having to turn to a life of crime.
Because we'll either be super-heroes or super-villains, and well, who needs to rob banks when you can take over the world?
You blood at the scene means you get to explain to the police how it got there. If your blood was in my kitchen, next to my wifes body, and there was evidence she fought her attacker, you don't think the police, having matched the mystery blood back to you, wouldn't want a quick word with you?
This is the way it's supposed to work. DNA is not a magic bullet (heh) for solving crimes.
So the Crown will have to use good old fashioned police work to prove the case, like finding the watch in either twin's possession and/or fingerprints on the broken glass. Even genetic twins have different fingerprints. If the Crown (or any other prosecutorial system based upon English Common Law) cannot do this, then they go free, as per the design of the system.
It's better to let a hundred guilty go free than to jail (or execute!) one innocent person.
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BMO
As an identical twin, I can tell you that your idea stinks. If my brother commits a crime, and I deny it, I don't think I should be charged with obstruction of justice. I don't know what he's doing at any given time of the day. I couldn't tell you what he's doing right now. He could be robbing a jewelry store for all I know.
It is unconstitutional (5th amendment violation) to demand someone confess.
While I'm not really familiar with the justice system in the UK, I'd have a hard time believing that the US constitution somehow applies there.
"Our opponent is an alien starship packed with atomic bombs. We have a protractor."
Jesus. Please never be a juror.
The standard is beyond a reasonable doubt. The defendant making up "any old story", with no corroboration, to explain real evidence the prosecution presents is not enough to remove the doubt from the evidence.
I'd laugh if the defendant claimed "uhh, someone must have planted it by stealing blood from a fake donation event". The prosecution had presented evidence the defendant was unable to effectively refute.
So obvious it's been (mostly) done before:
http://en.wikipedia.org/wiki/The_Third_Twin