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French Police Unsure Which Twin To Charge In Sexual Assaults

An anonymous reader writes "In a real life Prisoner's Dilemma taking place in the French city of Marseille, twin brothers have been arrested for a string of sexual assaults. While say they are sure that one of them committed the crimes (corroborated by a standard DNA test), police were told that it would cost upwards of €1m euros (£850,000, $1.3m USD) to distinguish between them using DNA evidence."

415 of 626 comments (clear)

  1. !(Prisoner's Dilemma) by Anonymous Coward · · Score: 5, Informative

    "Prisoner's Dilemma" does not just mean "a dilemma involving prisoners"

    1. Re:!(Prisoner's Dilemma) by Anonymous Coward · · Score: 3, Funny

      mind == blown!

    2. Re:!(Prisoner's Dilemma) by TheRealMindChild · · Score: 3, Informative

      This isn't reddit. There is no karma train

      --

      "When life gives you lemons, don't make lemonade. Make life take the lemons back!" -- Cave Johnson
    3. Re:!(Prisoner's Dilemma) by Tubal-Cain · · Score: 4, Insightful

      It's the brothers that have the dilemma. Let's say both of them were committing these crimes:
      If both stay silent, maybe end up with time served 'cause they can't be sure it which of you it was.
      If one brother rats the other out (with convincing proof), he goes free while the other gets sentenced for all the crimes.
      If both rat the other out, each gets sentenced for his actual share of the crimes.

    4. Re:!(Prisoner's Dilemma) by RedHackTea · · Score: 3, Funny

      Mind equals blown not? Yoda language?

      --
      The G
    5. Re:!(Prisoner's Dilemma) by Anonymous Coward · · Score: 5, Insightful

      Yes, there is. There's just an upper bound to how much you can get here.

    6. Re:!(Prisoner's Dilemma) by brisk0 · · Score: 1

      Except the law doesn't work via compromise. It's suggested that only one of the brothers committed the assaults, in which case one of them is going to jail. The first line might be true in so far as they might both be held until they can be sorted out, but not as a sentence. The second line is invalid towards the dilemma as this can (probably) only go one way, only one brother has the ability to present convincing proof that the other did it. Due to this alone #3 is impossible, but nobody's getting sentenced until it's sorted out anyway.

    7. Re:!(Prisoner's Dilemma) by thegarbz · · Score: 2

      Actually the principles of the prisoners dilemma started exactly in this kind of scenario. Two prisoners, police know one them did the crime but can't charge them.

      If the police actually have a lesser crime they can charge them both with and offer them a plea bargain then we are exactly in the prisoner's dilemma.

      Those a big IFs though.

    8. Re:!(Prisoner's Dilemma) by angel'o'sphere · · Score: 5, Interesting

      That is nonsense:
      If both stay silent, maybe end up with time served 'cause they can't be sure it which of you it was.
      You can not convict someone on that base.

      Supposed I was innocent. Then according to the DNA evidence my twin did it. When he and I stay silent, they still don't know who it was. So the first paragraph of all "constitutional states": innocent until proven otherwise comes to play.

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    9. Re:!(Prisoner's Dilemma) by LordKronos · · Score: 2

      Twin A blames Twin B, Twin B keeps quiet: Twin A goes free. Twin B goes to jail.
      Twin B blames Twin A, Twin A keeps quiet: Twin B goes free. Twin A goes to jail.

      Wow. I didn't know our justice system worked like that. So someone accuses you, you invoke your 5th amendment right to remain silent, and you go to jail?

    10. Re:!(Prisoner's Dilemma) by mark-t · · Score: 1

      Is it worth punishing the innocent to be certain that you punish the guilty?

      If both brothers are saying that the other brother must have done it, and if only one of them actually did, then one of them *is* telling the truth.

    11. Re:!(Prisoner's Dilemma) by CityZen · · Score: 1

      By "keeps quiet", all that is meant is that he doesn't provide evidence against the other guy (or himself).
      By "blames", what should be meant is that he does provide evidence against the other guy.

    12. Re:!(Prisoner's Dilemma) by roc97007 · · Score: 2, Insightful

      That is nonsense:
      If both stay silent, maybe end up with time served 'cause they can't be sure it which of you it was.
      You can not convict someone on that base.

      Supposed I was innocent. Then according to the DNA evidence my twin did it. When he and I stay silent, they still don't know who it was. So the first paragraph of all "constitutional states": innocent until proven otherwise comes to play.

      I think you're right. Even in France.

      So given T-(rather short)-FA, it seems like the French authorities have two choices. (1) Go to court with what they have, and in all probability both twins will go free. (2) Pony up the money for a proper DNA test and convict the twin responsible.

      --
      Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
    13. Re:!(Prisoner's Dilemma) by Austerity+Empowers · · Score: 1

      I don't know the law in France, but you couldn't get obstruction for this unless the innocent twin had evidence that the other did it and is withholding that evidence. Of course the innocent one DOES have evidence in that he didn't do it, but beyond that it's probably not reasonable to assume he has corroborating evidence.

      So you have one liar and one honest person, if you can prove obstruction you can also prove guilt, and if you could do that this whole thing becomes moot.

    14. Re:!(Prisoner's Dilemma) by Hentes · · Score: 2

      Wrong, in the prisoner's dilemma both inmates are guilty. In this case however, if they both blame the other one they can still walk free because the police won't be able to tell which one of them did it.

    15. Re:!(Prisoner's Dilemma) by Runaway1956 · · Score: 1

      There seems to be an assumption that the innocent twin has CONVINCING evidence of his brother's guilt, and/or his own innocence. I might have a butt-ton load of evidence that I'm happy to share, but none of it is convincing. What then?

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    16. Re:!(Prisoner's Dilemma) by vakuona · · Score: 1, Informative

      Logic fail.

      If the evidence says one of them did it, and they both deny it, then both are implicitly accusing the other brother.

      Now, if I was the innocent brother, I wouldn't be liking my brother very much. But the innocent brother is telling the truth, and the guilty brother is lying.

      Now, if the innocent brother is covering for the other, then that is another story, but nothing I have seen so far suggests that the twins are covering for each other.

    17. Re:!(Prisoner's Dilemma) by mark-t · · Score: 1

      The evidence at hand incriminates them both, equally. The innocent party would be entirely justified in denying that they did anything... and could not be considered to be hiding a crime if they did not otherwise know that the brother actually did it. Is there any evidence to suggest that both brothers knew about the incident before they were arrested?

    18. Re:!(Prisoner's Dilemma) by donaggie03 · · Score: 1

      You might want to go over that logic again. If the innocent one says he is innocent, then he isn't lying for his brother or for anyone else. He would be telling the truth and so wouldn't be guilty of anything. I have The only way your scenario makes sense is if you start out with the assumption that the innocent brother is helping the guilty one in some way.

      --
      Three days from now?? Thats tomorrow!! ~Peter Griffin
    19. Re:!(Prisoner's Dilemma) by daniel_mcl · · Score: 1

      Yep. Generally what happens when there are multiple defendants and no solid case is that the suspects are threatened with a Russian Roulette-style court case, causing one to decide to confess and implicate the other defendants in exchange for a lighter penalty.

      --
      I used to read Caltizzle. I was a lot cooler than you.
    20. Re:!(Prisoner's Dilemma) by farble1670 · · Score: 4, Interesting

      it doesn't matter which twin committed the sexual assault, they are both guilty. one is guilty of conspiracy because he's lying for the other, and the other is guilty of sexual assault.

    21. Re:!(Prisoner's Dilemma) by Anonymous Coward · · Score: 1

      What about your fundamental right to remain silent?

    22. Re:!(Prisoner's Dilemma) by PitaBred · · Score: 1

      There's a 5th Amendment in France? Who knew.

    23. Re:!(Prisoner's Dilemma) by angel'o'sphere · · Score: 2, Interesting

      I assume both twins are guilty. With ovemr a dozen cases it looks like always one was commiting a crime and the other one tried to fabricate an alibi.

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    24. Re:!(Prisoner's Dilemma) by angel'o'sphere · · Score: 1

      Can you proove there is a conspiracy?
      Can you proove who is who?
      Are you sure france has similar silly conspiracy ( or rather anti conspiracy) laws like the USA?

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    25. Re:!(Prisoner's Dilemma) by roc97007 · · Score: 3, Insightful

      I assume both twins are guilty. With ovemr a dozen cases it looks like always one was commiting a crime and the other one tried to fabricate an alibi.

      Doesn't change the solution. If both twins are guilty, a detailed DNA analysis will still be necessary to pin the correct crime to the correct twin. You don't get to be convicted just because you probably committed some of a list of crimes.

      --
      Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
    26. Re:!(Prisoner's Dilemma) by thegarbz · · Score: 1

      Wrong right back at you. In the prisoner's dilemma one does not assume the prisoners are guilty of anything, only that the police suspect they are guilty, the prisoners have something to lose, and they have some way of getting out with a lesser charge.

      With DNA evidence already existing there should be very little additional evidence needed to convict someone. This is sadly a case where it would be very easy for an especially unethical twin to easily fabricate evidence that his brother is guilty.

    27. Re:!(Prisoner's Dilemma) by uncqual · · Score: 5, Insightful

      If only one twin is responsible for the rapes, how do we know that that the other knows he did them? Maybe all one knows is that he didn't do them and, of course, the other twin who is responsible would likely make the same claim falsely.

      --
      Why is there an "insightful" mod and why isn't it "-1"? If I wanted insight, I wouldn't be reading /.
    28. Re:!(Prisoner's Dilemma) by Alsee · · Score: 1

      one is guilty of conspiracy because he's lying for the other

      Did you read an article that I didn't? Because the one I saw gave absolutely ZERO reason to believe any such thing. Based on the limited information available in the article I would presume that each either denied doing it themselves or remained silent on the advice of their lawyer. What makes you assert anyone conspired or lied?

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    29. Re:!(Prisoner's Dilemma) by stymy · · Score: 5, Informative

      How is one lying for the other? Presumably, they are both insisting they are innocent, and one of them actually is.

    30. Re:!(Prisoner's Dilemma) by hcs_$reboot · · Score: 1

      Could more of "Solomon judgment": say to one twin "we know that's you" and put him in jail. If the other cares enough and is actually guilty he's likely to confess.

      --
      Slashdot, fix the reply notifications... You won't get away with it...
    31. Re:!(Prisoner's Dilemma) by coma_bug · · Score: 3, Informative

      And the innocent person lacks such a right even in the US.

      wait. what? here is the fifth:

      No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

    32. Re:!(Prisoner's Dilemma) by EuclideanSilence · · Score: 2

      If two unrelated people were both accused of a crime, I doubt you would consider them both guilty just because both denied their guilt. Let's assume no one is that stupid. Then what is different about this? Two things: it's a sexual crime, and both the accused are related. It's far more likely that the slashdotters jumping onto the guilt-by-association bandwagon are doing so because it's a sexual crime in nature, which tends to make people nervous, unsure of how to properly pretend to react.

    33. Re:!(Prisoner's Dilemma) by Darinbob · · Score: 1

      But if they both say "he did it", one of them could be telling the truth.

    34. Re:!(Prisoner's Dilemma) by 1u3hr · · Score: 3, Insightful

      If both stay silent, maybe end up with time served 'cause they can't be sure it which of you it was.

      Rubbish. Without proof both must be freed. There is no shared responsibility or punishment. "Unless someone owns up you all go without supper" isn't a legal principle.

    35. Re:!(Prisoner's Dilemma) by iamnobody2 · · Score: 3, Insightful

      "a witness against himself" thats the part you're not understanding there. its perfectly ok to compel him to be a witness against his twin.

      --
      nobody's perfect
    36. Re:!(Prisoner's Dilemma) by compro01 · · Score: 1

      Yes, note the "against himself" bit. You only have the right to remain silent regarding your own crimes. You have no right to not be compelled to testify against someone else (barring certain exceptions, like spousal privilege or lawyer-client confidentiality) and would be charged with obstruction of justice if you persisted in refusing.

      --
      upon the advice of my lawyer, i have no sig at this time
    37. Re:!(Prisoner's Dilemma) by 1u3hr · · Score: 1

      It's not a dilemma for the prisoners at all. The case doesn't hinge on getting them to testify against each other.

    38. Re:!(Prisoner's Dilemma) by compro01 · · Score: 2

      Technically yes. I believe there have been 18 amendments to the current Constitution of France.

      --
      upon the advice of my lawyer, i have no sig at this time
    39. Re:!(Prisoner's Dilemma) by Cyrano+de+Maniac · · Score: 2

      However in the U.S. it would be impossible to gain a conviction on the obstruction charge, because you still don't know which of the twins is committing the crime of obstruction. Due to the Fifth Amendment you can't very well convict someone of obstruction if he was refusing to testify against himself, and it's not possible to determine whether or not he is doing so. There's plenty of reasonable doubt.

      --
      Cyrano de Maniac
    40. Re:!(Prisoner's Dilemma) by chebucto · · Score: 5, Informative

      This is the prisoner's dilemma:

      Two people commit a crime.

      Both are arrested, but there is no physical evidence.

      They are put into separate rooms and each offered a deal:
      1 year in prison for you, and 10 years for your partner, if you admit to the crime first

      If either of them admits to it, they both go to jail - because they both took part in the crime. If they both stay silent, they both go free. However, each has a strong incentive to admit to the crime, because the other person might admit to it first.

      In this case, however, only one person might be guilty. If that's the case, the innocent party has no incentive to rat the guilty one out. The essence of the prisoner's dilemma is lost.

      --
      The English word fart is one of the oldest words in the English vocabulary.
    41. Re:!(Prisoner's Dilemma) by Fishchip · · Score: 4, Funny

      Telekinetically linked? How does that work? Can they move each other around with their minds?

    42. Re:!(Prisoner's Dilemma) by Culture20 · · Score: 1

      "against himself", not "against his brother". Despite being genetically identical, you'd be hard pressed to convince a judge that a twin's brother is also himself. The innocent twin can be compelled to testify.

    43. Re:!(Prisoner's Dilemma) by hazah · · Score: 2

      Wish that was true.

    44. Re:!(Prisoner's Dilemma) by hazah · · Score: 1
      If only one did it, the other one knows it and is silent == conspiracy.
      Both did it, both stay silent == conspiracy.

      That was pretty simple.

    45. Re:!(Prisoner's Dilemma) by arth1 · · Score: 1

      I don't know the law in France, but you couldn't get obstruction for this unless the innocent twin had evidence that the other did it and is withholding that evidence.

      Quite possibly not even then. Many countries have laws that protects individuals from having to turn evidence on close family members, and you don't get much closer than identical twins.

    46. Re:!(Prisoner's Dilemma) by Fjandr · · Score: 2

      Only if you can first determine which twin is innocent. If they could do that, they wouldn't be in this predicament to begin with.

    47. Re:!(Prisoner's Dilemma) by Fjandr · · Score: 2

      Sexual crimes are uniquely powerful in their ability to show how far a given individual is willing to short-circuit due process in order to support the conclusion they'd already reached.

    48. Re:!(Prisoner's Dilemma) by c0lo · · Score: 3, Insightful

      Except the law doesn't work via compromise.

      Ever heard of a plea bargain?

      Not in France, no.

      --
      Questions raise, answers kill. Raise questions to stay alive.
    49. Re:!(Prisoner's Dilemma) by c0lo · · Score: 1

      If only one did it, the other one knows it and is silent == conspiracy. Both did it, both stay silent == conspiracy.

      That was pretty simple.

      What if none of them did it (e.g. the DNA got on the scene accidentally)?

      --
      Questions raise, answers kill. Raise questions to stay alive.
    50. Re: !(Prisoner's Dilemma) by Mike+Buddha · · Score: 1

      "OK, which one of you two is the evil half?"

      --
      by Mike Buddha -- Someday the mountain might get him, but the law never will.
    51. Re:!(Prisoner's Dilemma) by roc97007 · · Score: 1

      Ok, in a perfect world.

      --
      Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
    52. Re:!(Prisoner's Dilemma) by coma_bug · · Score: 1

      its perfectly ok to compel him to be a witness against his twin.

      No. Anyone may take the fifth if there is the possibility they may implicate themselves, rightly or wrongly, even if called as a witness against someone else.

    53. Re:!(Prisoner's Dilemma) by Pieroxy · · Score: 1

      If only one did it, the other one knows it and is silent == conspiracy.

      Both did it, both stay silent == conspiracy.

      That was pretty simple.

      What if none of them did it (e.g. the DNA got on the scene accidentally)?

      Are you suggesting that his sperm got into the victim's vagina accidentaly?

    54. Re:!(Prisoner's Dilemma) by TFAFalcon · · Score: 1

      What do you mean lying for the other? If they both say they didn't do it, then one person can be responsible for both the crimes AND the lies. The other is just innocent (unless they both did the crimes and are thus also both lying).

    55. Re:!(Prisoner's Dilemma) by julesh · · Score: 1

      There seems to be an assumption that the innocent twin has CONVINCING evidence of his brother's guilt, and/or his own innocence. I might have a butt-ton load of evidence that I'm happy to share, but none of it is convincing. What then?

      Well, thankfully the prosecutor has to share convincing evidence that you are guilty, which seems to be lacking in this case.

    56. Re:!(Prisoner's Dilemma) by BlackPignouf · · Score: 1

      Bullshit.
      You mixed free and "1 year" up.
      In this case, no prisoner would talk.

    57. Re:!(Prisoner's Dilemma) by TFAFalcon · · Score: 1

      But which twin do you ask to testify, if they are both saying: " I'm innocent, my brother did it."

    58. Re:!(Prisoner's Dilemma) by drolli · · Score: 1

      While the investigation is ongoing and you are under suspicion for a good reason, you can be imprisoned until the trial starts. This time can be up to 1y or longer in complicated cases, as this one.

    59. Re:!(Prisoner's Dilemma) by CrackedButter · · Score: 1

      Can you prove you need a second 'o' with your use of the word 'prove'.

    60. Re:!(Prisoner's Dilemma) by TFAFalcon · · Score: 2

      If just one of the twins is guilty of the original crime, then all the other one can say is " I didn't do it." And they are both probably saying that. So what is the conspiracy? One of the twins isn't willing to lie (Oh yes, my brother did it, I saw him!)?

    61. Re:!(Prisoner's Dilemma) by TFAFalcon · · Score: 1

      Didn't you know that's how it works? They all run around controlling their twins body all the time.

    62. Re:!(Prisoner's Dilemma) by TFAFalcon · · Score: 2

      So when a murder happens every person on the planet gets put into jail for a few seconds, since someone is obviously guilty?

    63. Re:!(Prisoner's Dilemma) by Anonymous Coward · · Score: 5, Insightful

      That's not justice, that's just about the complete opposite of justice. And it's one aspect of being American that I'm deeply ashamed of. There should be no incentive to plead guilty to a crime you didn't commit. The fact that, not only does it happen, but we actually have a name for it should be deeply concerning to anybody to cares about justice.

    64. Re:!(Prisoner's Dilemma) by TFAFalcon · · Score: 1

      That assumes that both twins know who did it. But if one is innocent that all he can say is: "I didn't do it". The prosecutor can then use that combined with the DNA evidence to convict the other twin. But the defense can put the defendant on the stand to say the exact same thing, hopefully making the jury find him not guilty (since there is basically a 50/50 chance of convicting the wrong guy).

    65. Re:!(Prisoner's Dilemma) by c0lo · · Score: 5, Informative

      Ever heard of a plea bargain?

      Not in France, no.

      Fine, ever heard of plaider coupable.

      Non. Mais, avec l'aide de l'ami Google, je peux vous montrer quelques informations pertinentes:

      Dans la pratique, cette procédure est surtout utilisée pour traiter rapidement la masse des délits routiers, comme le défaut d’assurance ou la conduite en état alcoolique, ainsi que les délits simples, comme les petits vols.
      ...
      La CRPC n’est toutefois pas applicable à certains délits ou certaines accusations particulièrement graves. Parmi ceux-ci : les violences, les menaces, les agressions sexuelles et les atteintes involontaires à l’intégrité de la personne, pour lesquelles une peine d’emprisonnement d’une durée supérieure ou égale à 5 ans est encourue.

      In english translation - with the help of google, here you have some relevant information:

      In practice, this procedure is mainly used to quickly treat thje majority of traffic offenses, such as lack of insurance or drunken driving, as well as simple offenses such as petty theft.
      ...
      Though, the plea bargain is not applicable to some serious offenses or allegations. Among them: violence, threats, sexual assault and involuntary damage to the integrity of the person, incurring a sentence of imprisonment for a term no less than 5 years.

      --
      Questions raise, answers kill. Raise questions to stay alive.
    66. Re:!(Prisoner's Dilemma) by TFAFalcon · · Score: 1

      What is the lie supposed to be?

    67. Re:!(Prisoner's Dilemma) by thegarbz · · Score: 1

      False.

      The Prisoner's dilemma starts only once they are offered deals. Whether or not they commit crimes is irrelevant and immaterial. Also my intro to economics textbook specifically said they were "accused of a crime" yet there's only evidence of a misdemeanor.

      Anyway these details are beside the point because you've ballsed up the entire premise of the prisoner's dilemma. It's not about the fear of getting ratted out it's about the premise of having something to gain by ratting out.

      In the real one from my economics textbooks if one rats out the other he will go free and the other will get charged. If both rat each other out both get charged. If either stays silent they get hit with the misdemeanor. In your weird version there's no incentive for either to admit to the crime since the best outcome for any person is that they both stay silent. There's no dilemma there.

      There's only a dilemma when the best outcome for one person is that he rats out the other and the other stays silent.

      Please look up an economics book on Google books before discussing this any further. Most of them will be able to describe to you how this "dilemma" works and why it is a dilemma.

    68. Re:!(Prisoner's Dilemma) by maxwell+demon · · Score: 1

      Mind equals the factorial of blown.

      --
      The Tao of math: The numbers you can count are not the real numbers.
    69. Re:!(Prisoner's Dilemma) by cribera · · Score: 1

      If a million euros is spent in determining the guilty one, then an ADDTIONAL PENALTY (for instance, granted death sentence or life in prison without parole) should be estalished from the start, to see if the guilty one confess before the million-euro testing.

      If the guilty won't confess, then the guilty twin, after identified, apart from being thrown to jail with the added penalty, should spend the rest of his life working for the french state, trying to pay all the debt possible.

      The ideal solution would be death penalty for the guilty twin, so there will be a deterrent for the next one forcing the society to spend a lot of money in a unnecessary way.

    70. Re:!(Prisoner's Dilemma) by MBGMorden · · Score: 1

      You'd still need to prove which was guilty of conspiracy and which is guilty of assault.

      Plus, if both are saying "I didn't do it, he did." then one of them is telling you the truth and is innocent, however you wouldn't know which one is telling the truth if they're both holding to that story.

      --
      "People who think they know everything are very annoying to those of us who do."-Mark Twain
    71. Re:!(Prisoner's Dilemma) by TeknoHog · · Score: 1

      If only one twin is responsible for the rapes, how do we know that that the other knows he did them?

      Duh, surely you know about the mystical/philotic link between identical twins. What one knows, so does the other.

      --
      Escher was the first MC and Giger invented the HR department.
    72. Re:!(Prisoner's Dilemma) by Culture20 · · Score: 1

      Let me rephrase: one twin, regardless of actual guilt, can be compelled to testify about the other twin. Prior knowledge of their guilt or innocence is irrelevant.

    73. Re:!(Prisoner's Dilemma) by coma_bug · · Score: 1

      one twin, regardless of actual guilt, can be compelled to testify about the other twin.

      you're still wrong

    74. Re:!(Prisoner's Dilemma) by hazah · · Score: 1

      Indeed.

    75. Re:!(Prisoner's Dilemma) by hazah · · Score: 1

      The statement hinges on the suspicion that the other *knows* and is not ignorant. Now I won't claim that I know what he knows, but from what I've understood thus far the other twin was helping in establishing alibiys. Now if that's a crock of shit, then absolutely, we have nothing.

    76. Re:!(Prisoner's Dilemma) by angel'o'sphere · · Score: 1

      Not that simple.
      Even the one who wasn't it, can and has to assume his brother is innocent. So staying silent is no conspiracy.
      Especially in europe where you are not forced to give testimony against one of your relatives. And on top of that: we don't have such silly conspiracy laws as in the usa.

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    77. Re:!(Prisoner's Dilemma) by Alomex · · Score: 1

      innocent until proven otherwise comes to play.

      Erh.... JNSPUA but I think France has presumption of guilt once you have been formally charged, in the sense that the burden of proof is now on the accused to refute the charges by the state.

    78. Re:!(Prisoner's Dilemma) by Yvanhoe · · Score: 1

      In theory you can't, but that is a common complaint of lawyers here that it actually opens quite frequently that suspects get a lower sentence if there is doubt about their culpability. In theory, if the punishment is 10 years in jail, either there is doubt and the suspect is released, or there is proof and the suspect is jailed for 10 years. Currently, the more doubt there is, the lowest will the jail time be.

      You are right that this is not how it is supposed to work.

      --
      The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
    79. Re:!(Prisoner's Dilemma) by Maxo-Texas · · Score: 1

      If you read the article, this was a series of events.
      It's implausible that the DNA accidentally got on the scene multiple times.

      I like the conspiracy angle. It puts them away for a while and shows them that they are not invulnerable.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    80. Re:!(Prisoner's Dilemma) by mark-t · · Score: 1

      Whoever said that either one "always" does anything? Sure, you've alluded to a widely known logic problem, but it's entirely inapplicable to dealing with real people, who will not necessarily (and in fact, rarely) behave predictably.

    81. Re:!(Prisoner's Dilemma) by Slick_W1lly · · Score: 1

      Solomon would be more likely to say :

      I'm going to put your mother to death instead - because she birthed a criminal.

      The innocent is more likely to complain than the guilty. And you've then got your criminal.

    82. Re:!(Prisoner's Dilemma) by angel'o'sphere · · Score: 1

      Why did my parent post got modded flaimbait? Are you the evil twin? Read the damn article. It is pretty obvious that both committed crimes at different places.

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    83. Re:!(Prisoner's Dilemma) by angel'o'sphere · · Score: 1

      How do you come to this retarded idea?
      No western world democracy has such a law system ... and even most third world countries follow the doctrine: innocent until proven otherwise.

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    84. Re:!(Prisoner's Dilemma) by Immerman · · Score: 1

      If one has been providing alibis for the other then it seems like at the very least they should be able to pin accessory charges on both of them. This can't be the first time twins have attempted this since "innocent until proven guilty" was adopted. I wonder what the precedents are in various jurisdictions.

      --
      --- Most topics have many sides worth arguing, allow me to take one opposite you.
    85. Re:!(Prisoner's Dilemma) by Branciforte · · Score: 1

      That's not conspiracy. That's just keeping quite. There is no duty to report a crime. Conspiracy means that he helped set the actions in motion.

    86. Re:!(Prisoner's Dilemma) by Alomex · · Score: 1

      How do you come to this retarded idea?

      I looked it up. It is called the Napoleonic code and forms the basis of civil law in several countries. Most countries with civil law have dialed back from full presumption of guilt but kept portions of "the accused must participate actively in the defense" principle which would apply in this case.

    87. Re:!(Prisoner's Dilemma) by cribera · · Score: 1

      > The ideal solution would be death penalty for the guilty twin, so there will be a deterrent for the next one forcing the society to spend a lot of money in a unnecessary way.

      Nobody is forcing society to prosecute these brothers. If society doesn't think prosecuting them is worth a million, they could just let them walk.

      That would also be a terrible precedent, letting a criminal (or 2) walk, just because lack of money.

      So, the ideal would be killing the true criminal, spending the million-euro to find out who he is (and both, if both were criminals and denying the crimes).

      Let's see if the next guilty twin will risk to be french-fried by forcing the society to spend a million euro to confirm they are guilty.

      What would be wrong with this strategy? I'd truly like to know.

    88. Re:!(Prisoner's Dilemma) by mabhatter654 · · Score: 1

      No, but you can prove if BOTH are put in jail, the crimes won't be repeated.

      Or just flip a coin and shoot one... "Justice" gets its due, one gets off. If "fate" picked the wrong one you can catch them if they do it again easily. Besides both carry "bad rapist genes" anyway as they are twins...

      This is where the Medieval Church had things straight... They made sure you both got to confess before God before they sent you on the way... Accuracy wasn't necessary.

    89. Re:!(Prisoner's Dilemma) by mabhatter654 · · Score: 1

      The article is light on circumstances. They must live together and have similar jobs in delivery. So it's clear one could be working while the other is raping, or one raping while delivering?

      But we do know DNA identifies the twins... So an Angry Mob can make sure no more rapes occur with these genes with 100% accuracy.

    90. Re:!(Prisoner's Dilemma) by mabhatter654 · · Score: 1

      There were at least seven assaults... Well past "accidental".

    91. Re:!(Prisoner's Dilemma) by Damouze · · Score: 1

      Plea bargains are a perversion of justice anyway and should be abolished, along with other perversions of justice, such as jury trials.

      --
      And on the Eighth Day, Man created God.
    92. Re:!(Prisoner's Dilemma) by mabhatter654 · · Score: 1

      Let God sort them out?

      You got DNA that limits the pool if choices to TWO. At least one is 100% guilty. Statistically both are 66% guilty if your choices are A, B, or A & B. we have DNA so neither is removed.

      This is why justice has a scale.

    93. Re:!(Prisoner's Dilemma) by mabhatter654 · · Score: 1

      It's not equal because there are 3 choices. (A, B, A & B) Being innocent is only 1 of the 3 options.

      Putting BOTH in jail has a 33% chance of being wrong, but 100% chance of putting the offender(s) in jail. Which honestly is better odds than the vast majority of cases with only circumstantial evidence.

    94. Re:!(Prisoner's Dilemma) by mabhatter654 · · Score: 1

      It's seven or more sexual crimes with DNA evidence. It is 100% certain the DNA recovered belongs to BOTH of them as they are twins with identical DNA.

      So if one won't confess, or BOTH are offending, the question is why not just put BOTH in jail so the state is 100% certain it won't happen again. DNA is involved, so this is not a case of randomly grabbing somebody... If they didn't live together, they would have separate alibis...

      So which is more important? 100% sure we get the "right" brother (when it could be both) [33% wrong], or 100% sure we arrest the person(s) responsible for seven rapes? [66% right]

    95. Re:!(Prisoner's Dilemma) by HuguesT · · Score: 1

      The provisions regarding presumption of innocence in the old Napoleonic penal code are no longer valid in France. See this article instead.

    96. Re:!(Prisoner's Dilemma) by Alomex · · Score: 1

      The presumption of innocence is not absolute, not in France, not even in the USA.

      An arrest is already in itself a pre-declaration that you are possibly guilty and hence your punishment starts at this point, even though you have yet to be found guilty of anything.

      The principle of innocent until proved guilty is not part of the USA constitution and it did not make it in explicit form into French law until the year 2000. It is not clear if this codification implies a 5th amendment type rights, i.e. are you (2) allowed to remain silent and (2) can said silence be used against you?

    97. Re:!(Prisoner's Dilemma) by mark-t · · Score: 1

      But putting them BOTH in jail has a 66% percent chance of putting an innocent in jail (since in two out of the three possibilities, only one brother is actually guilty, and there is no particular reason to presume that they both are). So.... is a 100% chance of putting a guilty person in jail worth a 66% chance of jailing somebody who is innocent?

    98. Re:!(Prisoner's Dilemma) by hazah · · Score: 1

      I'm not in the US, so I'm not speaking about the laws there. And as I said in another reply, from what I gather there's an aliby angle. I do not know it's merrits, but my statement does make the assumption. That's the only real hole in the argument. Cheers.

    99. Re:!(Prisoner's Dilemma) by boneglorious · · Score: 1

      I definitely agree about plea bargains.

      --
      Can I mod something +1 Scary if it's true but I wish it weren't?
    100. Re:!(Prisoner's Dilemma) by demonlapin · · Score: 1

      And a grant of immunity from prosecution for conspiracy would eliminate that privilege, no?

    101. Re:!(Prisoner's Dilemma) by nitehawk214 · · Score: 3, Insightful

      I assume both twins are guilty. With ovemr a dozen cases it looks like always one was commiting a crime and the other one tried to fabricate an alibi.

      Doesn't change the solution. If both twins are guilty, a detailed DNA analysis will still be necessary to pin the correct crime to the correct twin. You don't get to be convicted just because you probably committed some of a list of crimes.

      Do the DNA test and get the right twin. And the other one goes to jail for perjury and harboring a criminal. Seems a win-win here, and will discourage anyone else from trying this tactic.

      --
      I'm a good cook. I'm a fantastic eater. - Steven Brust
    102. Re:!(Prisoner's Dilemma) by mangu · · Score: 1

      No, there isn't. They don't give upvotes to everyone here.

    103. Re:!(Prisoner's Dilemma) by coma_bug · · Score: 1

      And a grant of immunity from prosecution for conspiracy would eliminate that privilege, no?

      No. Any person may take the fifth at any time in any place if they fear their answers may implicate them in any crime at all. The Court has emphasized that one of the Fifth Amendment's basic functions is to protect innocent persons who might otherwise be ensnared by ambiguous circumstances.

    104. Re:!(Prisoner's Dilemma) by angel'o'sphere · · Score: 1

      Then you looked it up wrong.
      The Code Napoleon exactly is one of the foundations that a culprit is considered innocent until proven otherwise.
      Napolen restored this law principle from old roman principles that got lost during feudal times.
      While it is asviced to participate in your own defense, why should you if the accusor has no evidence?

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    105. Re:!(Prisoner's Dilemma) by angel'o'sphere · · Score: 1

      Did you read the article you linked? As it contradicts your position.

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    106. Re:!(Prisoner's Dilemma) by angel'o'sphere · · Score: 1

      Innocent for mass media perhaps, not.
      But for the court surely.
      How do you come to the strange idea that silence could be used against you?
      The codification of laws in europe, especially such basic/fundamental ones, is of course very clear. How do you come to the idea they are not?

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    107. Re:!(Prisoner's Dilemma) by angel'o'sphere · · Score: 1

      Then you should know, that a 'conspiracy' is only happening, if the conspiracy was formed to commit the crime. Two relatives can not be considered a conspiracy after the crime already has happened.

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    108. Re:!(Prisoner's Dilemma) by demonlapin · · Score: 1

      So you contend that only a blanket immunity for all possible crimes, past, present, and future, can pierce the veil of a claimed 5A silence?

    109. Re:!(Prisoner's Dilemma) by demonlapin · · Score: 1

      Sorry, clicked submit too early. If no claim of 5A protection can be denied, doesn't that pretty much mean that a subpoena is absolutely meaningless?

    110. Re:!(Prisoner's Dilemma) by mysidia · · Score: 1

      Well, thankfully the prosecutor has to share convincing evidence that you are guilty

      Although this case is occuring in France, where the system of criminal law is dominated by a de-facto presumption of guilt; the prosecutor has to share some evidence convincing of a possibility of guilt (not necessarily proof), which they probably already have -- once they have done so, the defendants will be guilty unless they can prove their innocence....

    111. Re:!(Prisoner's Dilemma) by Darby · · Score: 1

      Duh, the one with the goatee is the evil one.

    112. Re:!(Prisoner's Dilemma) by michelcolman · · Score: 1

      Why perjury? He told the truth: he did not do it, his brother did.

    113. Re:!(Prisoner's Dilemma) by EuclideanSilence · · Score: 1

      It's seven or more sexual crimes with DNA evidence. It is 100% certain the DNA recovered belongs to BOTH of them as they are twins with identical DNA.

      So if one won't confess, or BOTH are offending, the question is why not just put BOTH in jail so the state is 100% certain it won't happen again. DNA is involved, so this is not a case of randomly grabbing somebody... If they didn't live together, they would have separate alibis...

      So which is more important? 100% sure we get the "right" brother (when it could be both) [33% wrong], or 100% sure we arrest the person(s) responsible for seven rapes? [66% right]

      If you ever are asked to serve on a jury, make sure the courts know that this is your position. I can't believe you are fine with 1 in 3 people in jail for serial sexual assault actually being innocent. But for the sake of civilization, make sure the judge knows clearly that you believe this.

    114. Re:!(Prisoner's Dilemma) by kaliann · · Score: 1

      They could do the more specific test, but testing for germs may be the quickest and easiest way to distinguish the twins. Chances are high that the twins have at least one distinct critter in their respective childspore-slurry (all that raping, someone probably picked up something fun).
      If they can find evidence of, say, a herpes virus that one twin has but the other does not (or has a different strain), they could crack the case for a fraction of the cost for the massive DNA run.

      On the higher tech side, metagenomics might be a good solution. This would look at the genetic material of the viral and bacterial flora in the samples. It's a pretty common technique and could be done for less than a million. They'd have to run all the samples and see if there were a common non-human genome. It would have to be compared against each individual victim's flora as well.

      Either way, letting a rapist (or pair of them) who has already raped 6 women (that they know of) go because it would cost too much to differentiate between the two suspects... seems like bad math at best and gross injustice at worst.

      I wonder if an fMRI could distinguish conclusively between recognizing victims and a string of random faces. Another option of uncertain legal precedent.

      The potentially cheapest solution is to charge them both with 6 counts of conspiracy to commit rape and 6 counts of obstructing justice. Or whatever the French equivalent would be.

    115. Re:!(Prisoner's Dilemma) by Mabhatter · · Score: 1

      It's not 1 in 3 of a random population. there are 3 choices of guilt based on the DNA evidence lawfully obtained and tested. TWO of the choices mean one or both are guilty... thats the "tie breaker". there is CONCLUSIVE DNA proof THEIR DNA was at multiple scenes. In this case the DNA evidence clearly indicates BOTH are contributing... Unless one of them can prove otherwise. This is a case for "Soloman's Baby"... Swing the sword on BOTH and see who confesses to save their brother.. Or not and both serve for all seven.

      This isn't about "right or wrong" this is about a clever case gaming the system of "bleeding hearts". DNA got the suspects down to two persons in the country. This wouldnt work for most twins because other adult twins live apart and would have seperate alibis. It is entirely possible BOTH twins participated in the series of assaults... Don't assume one is not guilty, that is the logical fallacy the lawyers are playing. Play the pragmatic card that the DNA belongs to both people, if both are locked up, the court has 100% chance of STOPPING THE CRIMINAL.

      Try each brother for each case separately using DNA to convict seven trials are provably less costly than seven super-expensive DNA tests. Assume they are conspiring and cannot alibi each other... Either one will get off seven times or not. That is probably the most fair way to deal with each rape in a separate trial and see where the alibis fall.

    116. Re:!(Prisoner's Dilemma) by hazah · · Score: 1

      I addressed that. The aliby angle.

    117. Re:!(Prisoner's Dilemma) by sh00z · · Score: 1

      Use the other investigative tools available.Focus on the one with the weaker alibi, or pull out CSI tools (I doubt they both wear the same clothes or shoes, or drive the same car with the same tires, etc.). Other ways to pursue the prosecution exist.

    118. Re:!(Prisoner's Dilemma) by kryliss · · Score: 1

      I think it was an episode of CSI where something similar happened... Turns out there was a 3rd brother that the other two didn't know about.

      --
      --- If the bible proves the existence of God, then Superman comics prove the existence of Superman.
    119. Re:!(Prisoner's Dilemma) by coinreturn · · Score: 1

      It's the brothers that have the dilemma. Let's say both of them were committing these crimes: If both stay silent, maybe end up with time served 'cause they can't be sure it which of you it was. If one brother rats the other out (with convincing proof), he goes free while the other gets sentenced for all the crimes. If both rat the other out, each gets sentenced for his actual share of the crimes.

      So you're saying "let's suppose it's a prisoner's dilemma."

    120. Re:!(Prisoner's Dilemma) by coinreturn · · Score: 1

      There is an equal likelihood that both are guilty.The standard DNA test was not enough to differentiate between the pair, so the full-blown test may end up revealing both brothers' DNA. They can't even trust one brother saying he's guilty and the other innocent because an innocent brother could lie in order to let his guilty brother go free.

      The prosecutors are basically being forced to pay for the full DNA test to find out the real truth, because if they don't pay both brothers go free on a technicality, which would also imply that the sexual assault victims' trauma (and possible future assaults) is not worth paying a million bucks to stop.

      Equal likelihood? In what universe is that and how did you calculate that? The only even remotely possible way of calculating would be equal chances of each outcome: Twin 1, Twin 2, and Both - that's still half the chance.

    121. Re:!(Prisoner's Dilemma) by GodfatherofSoul · · Score: 1

      Sometimes a cigar is just a cigar.

      --
      I swear to God...I swear to God! That is NOT how you treat your human!
  2. Justice by Anonymous Coward · · Score: 1

    Justice would demand they spend the money to be sure.

    Failing that, charge neither.

    1. Re:Justice by narcc · · Score: 1

      I would assume that would come after we identify the perpetrator.

    2. Re:Justice by king+neckbeard · · Score: 2

      It's better for the guilty to go free than for the innocent to be punished.

      --
      This is my signature. There are many like it, but this one is mine.
    3. Re:Justice by SJHillman · · Score: 2

      In the US, the basis of the legal system is that it's better to let ten guilty men go free rather than imprison one innocent man. Of course, this is a French court so they may or may not follow a similar philosophy.

    4. Re:Justice by brisk0 · · Score: 1

      Not in persecuting an innocent man.

    5. Re: Justice by Anonymous Coward · · Score: 2, Insightful

      That's why there are more prisoners per 100000 citizens than in any other nation, right?

      That's why an innocent person never gets executed...well except for the dozens of unfortunate exceptions declared not guilty after being murdered by the state.

      Suck it. The US justice and penal system is rotten beyond belief. Just like your political system. Your system does NOT work.

    6. Re: Justice by tompaulco · · Score: 1

      Well, Mr AC, you seem to have all the answers. What other system that doesn't work should we replace ours with?

      --
      If you are not allowed to question your government then the government has answered your question.
    7. Re:Justice by angel'o'sphere · · Score: 1

      They follow a similar philosophy, or from where do you think the US got theirs from?

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    8. Re:Justice by spire3661 · · Score: 4, Insightful

      When you are wielding life and death IN MY NAME you better get it fucking right. Unjust imprisonment is rape too. Perhaps we should throw some accusations at you and see what sticks, for the greater good, of course.

      --
      Good-bye
    9. Re: Justice by canadian_right · · Score: 4, Insightful

      What system should replace the USA system of justice that jails more citizens per capita than any other western nation?

      • For starters:
      • get rid of long sentences for minor drug possession
      • Get rid of elected district attorneys so they can pursue justice instead of elections
      • Get rid of over broad laws with long sentences for minor crimes.
      • Get rid of 'three strikes' laws
      • Get rid of overly long minimum sentences
      --
      Anarchists never rule
    10. Re:Justice by rubycodez · · Score: 1

      indeed, only Louisiana follows frogger court system. that's one of many reasons I avoid the place. British law came from Roman law and anglo-saxon law, btw.

    11. Re: Justice by cheekyjohnson · · Score: 1

      get rid of long sentences for minor drug possession

      Actually, just get rid of sentences for drug possession period.

      And plea bargains...

      --
      Filthy, filthy copyrapists!
    12. Re:Justice by vakuona · · Score: 1

      IANAL, but I am struggling to understand how any justice system is not adversarial in the sense that one person is accused of something, and has to defend himself.

      As far as I understand, the prosecution is compelled to produce evidence that may exonerate the defendent, even in an adversarial system.

      I can sort of understand how, when dealing with civil lawsuits, one system may be less adversarial than another, e.g. when dealing with divorce proceedings. But when it comes to criminal law, I am not sure the differences are as stark as you are making them out to be.

      Then again, IANAL!

    13. Re:Justice by chromas · · Score: 1

      97% of rapists never spend a day in jail.

      Putting away the wrong guy would only distort the numbers. How accurate is that statistic, anyway?

      And this contributes to a culture where rape is ignored and the victims are blamed.

      So do false rape accusations.

      It contributes to a culture where women feel unsafe in their communities.

      Imprisoning innocents produces a false sense of security because it makes the people feel safer.

    14. Re:Justice by Anonymous Coward · · Score: 1

      If I could upvote the parent of this (actually with -1) I'd do it.
      I agree that unjust imprisonment is HORRIBLE. And in this case it's kind of obvious that you want to spend a lot of money but get it right.

      But in other cases. I keep hearing that is better to have 10 guilty free than an innocent in jail (I'm not from the US but it is also in a lot of countries). I don't understand how that can be better. Maybe in robberies and scams...
      But on rape and murder (serial killers specifically) where you know that if you let them free they are gonna do it again, you're convicting other innocents.
      Let's suppose you let a killer free and he goes on and kills 2 more people. I say you'd be better imprisoning an innocent than letting 2 get killed.

      I know this system has lots of flaws. Maybe you should change reasonable doubt with 65% certainty (can you measure your certainty?) or some other percentage. This system could be easier to bribe around or discriminate (racist juror sees accused is black and won't listen to evidence).
      This should be testable. And maybe is worse than the actual system.

      I'd hate to be wrongly imprisoned (and I've been falsely accused of assault once, so I know the feeling). But as a society, isn't it better to have 10 guilty and 1 innocent in jail than all 11 free?
      That's a serious question, I hope some of you can provide some data or better logical thinking about why this isn't a good idea.

      PS: judge me all you want for my ideas but not for my grammar as English is not my first language.
      PPS: I post as AC because I don't have an account nor care enough to make one.

    15. Re:Justice by demonlapin · · Score: 1

      Under common law systems, both sides' advocates present their strongest case. A jury (usually) is called upon to render a verdict on matters of fact, while the trial judge adjudicates matters of law. Under civil law systems, AFAICT, the judge generally acts as the trier of law and fact, while the attorneys' roles as "officers of the court" is a bit more prominent. In practice, I'm not sure how much distinction there really is other than methodology.

    16. Re:Justice by dcollins · · Score: 1

      Side note: This may be past history. When I put it up for a vote in the college classes I teach (context: statistics discussion of type I vs. type II error), and ask, "Which is a more terrible mistake to make: a faulty drug test that puts an innocent man in prison, or one that lets a guilty man go free?" my classes now vote in favor of the latter. The more the class is allowed to discuss the issue for clarification among themselves, then the more overwhelmingly they choose they latter (i.e., people switch votes from first to second). It's super disheartening to witness.

      --
      We know where leadership by an anti-intellectual "strongman" who scapegoats minorities and likes boisterous rallies goes
    17. Re: Justice by flimflammer · · Score: 1

      Most of our convictions are drug related. We're pretty anal about that stuff over here, much to the dismay of a large portion of our country.

    18. Re:Justice by cffrost · · Score: 1

      In the US, the basis of the legal system is that it's better to let ten guilty men go free rather than imprison one innocent man. Of course, this is a French court so they may or may not follow a similar philosophy.

      That principle is known as Blackstone's formulation, after an 18th century English jurist. I subscribe to it, though in my opinion the former operand should be much greater than ten.

      --
      Thank you, Edward Snowden.

      "Arguments from authority are worthless." —Carl Sagan
    19. Re:Justice by Yomers · · Score: 1

      Our rape culture is incredible repressive towards women.

      You have no rape culture at all, Japanese have.

    20. Re: Justice by jklovanc · · Score: 1

      What system should replace the USA system of justice that jails more citizens per capita than any other western nation?

      For starters:
      get rid of long sentences for minor drug possession

      Agreed

      Get rid of elected district attorneys so they can pursue justice instead of elections

      Then they will be appointed which brings up the issue of patronage and being controlled by the one who appointed the DA.

      Get rid of over broad laws with long sentences for minor crimes.

      If you are referring to maximum sentences the issue is not single counts but whether sentences are consecutive or concurrent. For example someone who steels over $5000 may get 6 months in jail. What about someone who steals over $500 in 100 separate instances. Would ge get 6 months, sentences concurrently, or 50 years, sentences consecutively. This is why the max sentence may be ten years so he can be sentenced to ten years on each count to be served concurrently. The defendant would be found guilty of every count and serve a reasonable time for the crime. The problem comes when someone states that the defendant is facing 1,000 in prison. That would only happen if the sentences were consecutive.

      Get rid of 'three strikes' laws

      It has been shown that most crimes are done by a small portion of the population. The revolving door system does not work. Too many times criminals do relatively minor crimes, go to gail, get out in 6 months and di it again. There are instances where some criminals have over ten conviction for the same offence. How does one stop them. By the way "three strikes" is only for felonies.

      Get rid of overly long minimum sentences

      What do you consider overly long asnd for what crimes? This is a very broad statement. What may seem overly long to you may not be overly long for the wife of a murder victim.

      Most of these statements are simplistic solutions to complex problems. What are your alternatives?

    21. Re:Justice by dwye · · Score: 1

      That people feel that it is worse for a guilty man to go free is not historically odd. The principle that a "suspect" should be legally assumed to be Innocent Until Proven Guilty was invented once, by men who had no experience with existing legal systems other than trial by combat, and so had to make it up as they went along (the appointed justicars of Henry II, who were all knights brought over from Anjou and the Aquitaine). It did not exist in Roman or Anglo-Saxon law. Also, remember that the guilty man set free can commit many more crimes until he is caught again, while the class probably implicitly assumes that the innocent man will get out on appeal or via some Innocence Project or by escaping to come back as the Count of Monte Cristo or some other magic.

      The principle of Innocent Until Proven Guilty is just one of those things that the judge has to make clear in his jury instructions if the defendant doesn't have Robert Redford and Debra Winger as his lawyers (those not getting the joke can watch Legal Eagles sometime).

      Of course, since this is a French court, it doesn't apply in this case. Roman Law depends upon the discretion of the Prosecutor and the skill of the defendant's advocate (whatever that office is called) to avoid miscarriages of justice. In theory, Roman Law also believes that it is better to free 10 guilty men rather than convict 1 guilty one; in practice, it depends.

    22. Re:Justice by TFAFalcon · · Score: 1

      Why not just fit all woman with chastity belts. That way they will all be safe. Sure the innocent are being punished, but isn't it for the greater good?

    23. Re: Justice by Dr+Damage+I · · Score: 1

      The penal system doesn't have a race issue

      --
      "Cursed is he who rises early in the morning..." Isiah 5:11
    24. Re: Justice by SJHillman · · Score: 1

      Other than the elected DAs, that's more legislative than judicial systems. The justice system itself is a fairly decently working machine, although it certainly has its flaws. However, I think it's the legislative system that's truly broken. The justice system is just legally forced to enforce the broken legislative system.

    25. Re: Justice by zippthorne · · Score: 1

      Those are separate issues. We can still care about not convicting innocent people, while having onerous drug laws that make huge numbers of people criminals.

      If you make something a crime that a significantly fraction of the population does, or has done, you're going to end up with a lot of convicted criminals, even if you don't convict a single innocent person.

      --
      Can you be Even More Awesome?!
    26. Re: Justice by TheSunborn · · Score: 1

      I think you missed the most important point:

      Fix the fucked up social system, which provides so many young with no future.

    27. Re:Justice by Maxo-Texas · · Score: 1

      He's right tho. It's literally impossible to have perfect justice

      It's why we should not have the death penalty unless there is 100% certainty ( i.e. something like a video of you doing it AND you agree you did it and even then I tend towards imprisonment).

      For lessor crimes, perfection is too high a standard. You can mess with the odds so it's 1:100, 1:1000, 1:10000 but then "Spire3661" is going to have to pay higher taxes for a more expensive justice system.

      If you don't have a working justice system, then Spire3661 gets robbed, murdered or raped so a less than perfect justice system is better than no justice system.

      This is the perfect example of the dilemma of higher expense for more accurate justice.
      A million euros is a lot of tax money.

      It used to be part of the reason we had a death penalty too. It costs $31,000 per year for a non death penalty inmate. You don't have to pay for a person that's dead. But.. over the last 50 years, it's become very expensive to execute someone. So it's also cheaper to just put them away for life without parole. And if you were mistaken, you can let them out and give them some cash as compensation.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    28. Re: Justice by Maxo-Texas · · Score: 1

      Because pot and cocaine are illegal and we aggressively prosecute crimes and imprison people. Once they've been imprisoned, it's very hard for them not to continue to be criminals- which means they get incarcerated again.

      Pot should be legal as booze.

      Cocaine should be legal via special dispensaries in licensed locations. i.e. picture a room at a club where you go, have a line of cocaine and you can't take the coke out of the room- if you do, the club loses it's license.

      Our drug war consumes billions, ALSO puts billions of dollars into criminal gang hands, and incarcerates our citizens at higher rates than the rest of the world.

      Pot is largely safe- if your family has a predisposition to psychosis you are looking at a 1.6% higher chance of developing psychosis.

      Cocaine is largely safe- but can kill you on the first dose. Odds appear to be 1:10000. I'd never touch the stuff. BUT-- I worked with a room full of older consultants and had older relatives who did back in the 70's and 80's. Your odds of being badly messed up by cocaine are actually about the same as alcohol addiction- about 3-5%. And a large part of that is actually self medication for the constant dread from low testosterone that starts at age 43 in about 1/4 of all men. If you had hormone replacement therapy, the addiction rate for booze and cocaine would both be substantially lower (pretty much just people with real mental problems and with shitty childhoods).

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    29. Re: Justice by Maxo-Texas · · Score: 1

      A large part of the problem is that inflation has inflated what used to be misdemeanors into felonies.

      Stealing $250 in 1961 was the same value as stealing $2500 today.

      We've over criminalized minor crimes. If we don't start adjusting the limits, by 2060, 1961's $25 crime will be a felony.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    30. Re: Justice by canadian_right · · Score: 1

      I prefer to let judges sort out what is a good sentence, and not the minimum set by a politician. Good and just sentencing is complex and should not be set by a simple law. The law should set a reasonable maximum and let the judges work it out.

      Three strike laws are too harsh if the three strikes are all for minor crimes. You should not get a life sentence for stealing a cookie (true case).

      Most civilize countries take appointing crown attorneys out of the hands of politicians and into the hands of bureaucrats so patronage is not an issue.

      The wife of a murder victim shouldn't have any say in the length of the sentence. She (or he if we reverse roles) would be much too emotionally involved to render a just sentence. That is why we have impartial courts.

      --
      Anarchists never rule
    31. Re: Justice by jklovanc · · Score: 1

      I prefer to let judges sort out what is a good sentence, and not the minimum set by a politician.

      Then you get a judge who does not agree with a law and imposes no sentence thereby negating the law. That is not up to the judge.

      Most civilize countries take appointing crown attorneys out of the hands of politicians and into the hands of bureaucrats so patronage is not an issue.

      And bureaucrats do not have agendas and never take bribes? And who hired the bureaucrats? Politicians. What stops the politician from telling the bureaucrats who to hire?

      The wife of a murder victim shouldn't have any say in the length of the sentence.

      I was only pointing out that the term "overly long" is defined differently bu different people. What may be overly olng to one person may not be to another.

    32. Re:Justice by rohan972 · · Score: 1

      But as a society, isn't it better to have 10 guilty and 1 innocent in jail than all 11 free? That's a serious question, I hope some of you can provide some data or better logical thinking about why this isn't a good idea.

      There is a possibility that a criminal may harm me, or the state may harm me.
      If a criminal attempts to harm me I may be able to defend myself or escape and get the police to help.
      If the state attempts to harm me I will not be able to defend myself.
      Therefore, given the choice of more free criminals but a court system that requires rigorous proof, or less free criminals but a state that may punish me though innocent it is better to take my chances against the free criminals.

    33. Re:Justice by gmhowell · · Score: 1

      Some reasonable amount of injustice has to be accepted otherwise you can never imprison the guilty.

      Once you pluck your head from your ass, go here. Or maybe just go there in an effort to remove your head from your ass.

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
    34. Re:Justice by gmhowell · · Score: 1

      In practice, I'm not sure how much distinction there really is other than methodology.

      On the contrary, having two different methodologies allows proponents of either to engage of tons of chest beating about how superior it is.

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
    35. Re:Justice by gmhowell · · Score: 1

      Not in persecuting an innocent man.

      Normally, I'd say you meant 'prosecuting', but 'persecuting' seems to fit. Just watch five minutes of Nancy Grace.

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
    36. Re:Justice by mjwalshe · · Score: 1

      except in the work place where employers can fire all of a group if they can prove that one committed a workplace theft but cant prove who did it

    37. Re:Justice by king+neckbeard · · Score: 1

      In this case, absent further evidence, you can't convict either with even a standard of preponderance of evidence, the standard typically used in civil trials, since it is equally likely that it'd be either twin based on genetic evidence alone.

      The standard of 'beyond a reasonable doubt' is a good one, and you seem to be ignoring other elements. For one, there's questions on the efficacy of punishment in deterring crime, especially crimes that are not premeditated. There's also the tendency for those who have been imprisoned to become hardened criminals, so imprisoning innocents leads to the creation of more criminals. Also, even rumors of rape without even a formal charge can be quite harmful to someone's personal and professional life.

      --
      This is my signature. There are many like it, but this one is mine.
    38. Re: Justice by jwhitener · · Score: 1

      get rid of long sentences for minor drug possession
      Get rid of elected district attorneys so they can pursue justice instead of elections
      Get rid of over broad laws with long sentences for minor crimes.
      Get rid of 'three strikes' laws
      Get rid of overly long minimum sentences

      I'd like to see all sentences for drug possession go away. Look at the prison population when we started the 'war on drugs'
      http://static2.businessinsider.com/image/4f79b67569beddcc69000004-590/since-the-war-on-drugs-started-in-1970-americas-prison-population-has-surged-700-percent-to-24-million.jpg

      I especially disagree about elected district attorneys. A district attorney can only bring so many cases to trial, so they have to pick and choose. I want someone that has a strategy that I agree with. Just because some voters in certain areas are electing bad DAs isn't a call for un-elected DAs. It is a call for more voter information campaigns. In my area, due to a generally informed populous, we elected a DA who promised, and then followed through on, a focus on the environment, and pushing for more treatment and less jail time for drug abuse.

  3. Confession? by gatfirls · · Score: 1

    Wouldn't it be a lot easier to get a confession by letting them know they had spent the money and proved it was (one or the other) them and then offer a deal for a plea , and a confession that matches the evidence? Maybe I am missing something. Of course they could just spend the money, it's not like 1mil is some huge sum in the scheme of things.

    1. Re:Confession? by terrab0t · · Score: 2, Interesting

      I am not a French Lawyer, but I think that would be coercion.

    2. Re:Confession? by gatfirls · · Score: 1

      Nor am I, but I know that tactic is in the states all the time. Fair or not. It's pretty effective if the police are actually interested in catching the guilty party instead of forcing a false confession. (with multiple cases and events it would be pretty easy to figure out if the confession was real or coerced)

    3. Re:Confession? by angel'o'sphere · · Score: 1

      them and then offer a deal for a plea
      In Europe we have no such deals.

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    4. Re:Confession? by Yoda222 · · Score: 1

      France is outside Europe ? http://fr.wikipedia.org/wiki/Reconnaissance_pr%C3%A9alable_de_culpabilit%C3%A9_en_proc%C3%A9dure_p%C3%A9nale_fran%C3%A7aise (sorry, this is in French)

      That does not apply to this particular case (it's only for something with a maximum punishment less than or equal to 5 years of imprisonment in the case of voluntary physical violence or sexual assault) and the prosecutor can only propose imprisonment up to one year)

      So similar things exists in Europe, at least for some cases

  4. Not an unexpected event.... by rts008 · · Score: 3, Insightful

    I have always wondered what would happen when this type of suspect turned up.(suspect having an identical twin)

    Every set of identical twins I have known, has deliberately used the 'identity confusion' at some point.

    --
    Down With Slashdot BETA!!! I've been around the corner and seen the oliphant; you can only abuse me from your perspecti
    1. Re:Not an unexpected event.... by mdielmann · · Score: 1

      What if they are both guilty?

      Then you've found a system where two criminals can easily manufacture reasonable doubt.

      --
      Sure I'm paranoid, but am I paranoid enough?
    2. Re:Not an unexpected event.... by Bogtha · · Score: 4, Interesting

      Identical twins isn't the interesting case. It's the conjoined twins that are the real puzzle. Suppose there are a pair of conjoined twins. One is an artist and hates computers, one is a programmer and hates art. Everybody knows this and will testify to the fact. When the artist goes to sleep, the programmer whips out a laptop and hacks into the Pentagon. He gets caught, gets arrested, and admits guilt... what are you going to do, imprison him?

      --
      Bogtha Bogtha Bogtha
    3. Re:Not an unexpected event.... by shaitand · · Score: 1

      What if neither is guilty?

    4. Re:Not an unexpected event.... by westlake · · Score: 1

      I have always wondered what would happen when this type of suspect turned up.
      Every set of identical twins I have known, has deliberately used the 'identity confusion' at some point.

      This was the plot of a "Columbo" episode in 1973.

      In real life, criminal prosecutions rarely turn on a single piece of evidence . Even twins will fall out of sync just long enough to place one or the other well away from the crime scene.

    5. Re:Not an unexpected event.... by mdielmann · · Score: 1

      Or as one knows the other is guilty you up the anti. You charge them both with perverting the course of Justice

      It's only one case. Chimerism is another challenge. There was a recent story of a lady who had different DNA in her ovaries than in her saliva. The child custody issues took years (and having another child!) to resolve. Then there's marrow transfusions, as well as simple blood transfusions, and transplants. All kinds of edge cases where simple DNA tests are poor, and even complex DNA tests may not be helpful if not thoroughly thought out. And if the only evidence is DNA, things just got a lot more difficult.

      --
      Sure I'm paranoid, but am I paranoid enough?
    6. Re:Not an unexpected event.... by jd · · Score: 1

      Even in the case of identical twins, the genome differs by many hundreds of markers.

      The sequencing of the entire genome would cost around $10,000 (USD) each. That, by my calculation, makes $30,000 (one per guy and one for the DNA sample). The cost of finding the closest match is the cost of writing about 15 lines of C code.

      I am trying to figure out where the rest of the money goes.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    7. Re:Not an unexpected event.... by hcs_$reboot · · Score: 1

      RTFA. They found DNA evidence that proves one or both twins are guilty. The problem is to refine the test enough to differentiate between the two DNAs.

      --
      Slashdot, fix the reply notifications... You won't get away with it...
    8. Re:Not an unexpected event.... by jd · · Score: 2

      Easy. Move to a system that focuses more on rehabilitation, retraining and (when an external element is a factor) removal of external factors contributing to the criminality. You still isolate from society (the sole benefit of prison) but with reduced or eliminated punitive element, there is no risk of punishing an innocent person who happens to be cojoined to someone who is guilty.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    9. Re:Not an unexpected event.... by infinitelink · · Score: 1

      It is pretty obvious that these days they would imprison them under the pretext of "necessity to 'national security'", though the higher courts *might* intervene.

      --
      Intelligent idiots are we. | Evil men do not understand justice.
    10. Re:Not an unexpected event.... by CAIMLAS · · Score: 1

      Who cares, they probably have red hair...

      --
      ~/ssh slashdot.org ssh: connect to host slashdot.org port 22: too many beers
    11. Re:Not an unexpected event.... by jklovanc · · Score: 1

      Move to a system that focuses more on rehabilitation, retraining and (when an external element is a factor) removal of external factors contributing to the criminality.

      Rehabilitation and retraining only work for people who want to be rehabilitated or retrained. There is an old saying; "You can lead a horse to water but you can't make him drink". As for "removal of external factors contributing to the criminality", how do you remove alcohol, drugs, gambling, sexual frustration, poverty, etc from someone who is not in prison. Once a convict is released all these "external factors" are available again.

      You still isolate from society (the sole benefit of prison) but with reduced or eliminated punitive element, there is no risk of punishing an innocent person who happens to be cojoined to someone who is guilty.

      Isn't one punishing an innocent person if that person is isolated from society through no fault of their own?

    12. Re:Not an unexpected event.... by dissy · · Score: 3, Interesting

      You don't perform just one single sequencing due to the error rate.

      The best way to get the error sigma down is to run 10 or more sequences, however the money allotted only allows for 3 per sample.

      I am trying to figure out how they are getting full sequencing done so cheaply.

      My guess is they are willing to run less sequences and accept the higher error rate due to the smaller sample pool of suspects.
      Knowing one is 70% likely while the other is 30% likely, when they already have claimed only one of these two people could possibly have done it, would likely be enough for a conviction.

    13. Re:Not an unexpected event.... by TFAFalcon · · Score: 1

      That assumes that the innocent one knows the other is guilty.

    14. Re:Not an unexpected event.... by arth1 · · Score: 1

      RTFA. They found DNA evidence that proves one or both twins are guilty.

      LTFD between evidence and proof. DNA does not prove someone guilty - a trial may. See, there are such things as DNA contamination[*1], planted DNA [*2], accuracy of test [*3], similar DNA[*4] and plain out lying[*5]. And many other factors.

      [*1]: What happens if I shake out my sweater and sneeze as someone about to be murdered walks by? The answer, my friend, is blowing in the wind. They'll find both skin samples, hair and mucus with my DNA.
      [*2]: And not just by the police either. One real example: Hooker didn't get paid, and dug out the condom, smeared it in her vagina, and beat herself to a black eye, and called the cops for rape.
      [*3]: It's close to 100%, but it isn't 100%. Even a 99.99% certainty means that you may have the wrong person in one out of ten thousand cases.
      [*4]: Like in this case, but there are other cases of similar enough DNA to fool a test even without identical twins. Also see [*3].
      [*5]: Paying the lab technician to prove false results, for example.

      The public belief that DNA equals guilt has to stop. It's a ridiculous notion propagated by bad cop shows, much like comparing fingerprints involves pushing a few buttons followed by rapidly blinking and beeping images. We don't believe that, but we believe that finding DNA evidence always implies guilt. Why?

    15. Re:Not an unexpected event.... by Lehk228 · · Score: 1

      just burn their house down with "smoke" grenades and kill both of them, if they try to flee the burning structure push them back inside

      --
      Snowden and Manning are heroes.
    16. Re:Not an unexpected event.... by allo · · Score: 1

      are you sure, there are only two? Are you sure, the dna sample is really from the comitter?

    17. Re:Not an unexpected event.... by hcs_$reboot · · Score: 1

      yes i was there i saw everything i swear

      --
      Slashdot, fix the reply notifications... You won't get away with it...
    18. Re:Not an unexpected event.... by bitt3n · · Score: 2

      Identical twins isn't the interesting case. It's the conjoined twins that are the real puzzle. Suppose there are a pair of conjoined twins. One is an artist and hates computers, one is a programmer and hates art. Everybody knows this and will testify to the fact. When the artist goes to sleep, the programmer whips out a laptop and hacks into the Pentagon. He gets caught, gets arrested, and admits guilt... what are you going to do, imprison him?

      imprison him in an art museum

    19. Re:Not an unexpected event.... by jd · · Score: 1

      How do you get 3? At 10k per pop, 1 mil allows 100 sequences to be performed. Divide by 3 sources, they should be able to do 33 sequences each. The cost of sequencing is further reduced if you just want SNPs, as you can use a microarray for that. . But sequencing the entire genome is cheap these days. The cost has fallen very rapidly and continues to do so. It really is at the point where garage enthusiasts can perform many of the basic steps and will be able to do at-home SNP discovery within a few years. Of course, at-home work isn't criminology-grade, but just as enthusiasts can do basic work for pocket money, crime labs can easily swallow the cost of a clean room plus an Illumina or Oxford Nanopore sequencer.

      (Oxford says it can get costs down to $1k per sequence within a year or two. They also are working on sub-thousand disposable sequencers, which may be useful.)

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
  5. Re:Win/Win by PlastikMissle · · Score: 2

    What if both of them were pointing at the other and saying "he did it!"

  6. Not Prisoner's Dilemma! by Anonymous Coward · · Score: 2, Insightful

    If AC actually bothered to read the definition of the prisoner's dilemma he would have determined that this is not the same situation. Sounds good, but wrong. You have two individuals, both know who the guilty party is. The best strategy for each to play is to proclaim their innocence.

    1. Re:Not Prisoner's Dilemma! by PhunkySchtuff · · Score: 1

      But in this case, both of the accused know who did it.
      The guilty one knows because he did it.
      The innocent one knows because he didn't do it, therefore he knows who the guilty one is.
      They're both proclaiming their innocence.

    2. Re:Not Prisoner's Dilemma! by TFAFalcon · · Score: 2

      But the innocent one doesn't know the other one did it. He doesn't even know a crime was committed. He just knows that the police are claiming one of them did it based on DNA. Unless the guy read the mind of the victim, personally collected the DNA samples and ran the tests then all the evidence he can provide are the words "I didn't do it."

  7. Re:Win/Win by jeffasselin · · Score: 1

    That would be illegal and probably unconstitutional in most western countries.

    --
    If he explores all forms and substances Straight homeward to their symbol-essences; He shall not die.
  8. Solution by Anonymous Coward · · Score: 1

    Prisoner's Dilemma?

    Nah, the good answer each of them have to speak out is:

    "I'm sure my brother will tell you he knows I haven't done anything I'm charged with".

    Then, smile :-)

    Sincerely,
          Franz Rogar

    1. Re:Solution by SJHillman · · Score: 1

      One brother will always lie and one brother will always tell the truth...

    2. Re:Solution by RussR42 · · Score: 1
  9. Pro Bono Opportunity by Anonymous Coward · · Score: 1

    Sounds like a perfect opportunity for a DNA identification company to get free PR for their services.

    Is most of the cost from the machine? Or the scientists operating it and performing all of the tests?

    1. Re:Pro Bono Opportunity by jd · · Score: 1

      The cost of sequencing is negligible these days (around $10k for a full genome). Buying a machine isn't cheap - I looked at the cost of one a year or so ago, and they were still multi-million dollar devices. (Why? Bcause I'm a geek! Having a sequencer of my own would be bloody amazing! Useless, but amazing!) Buying a slot at a lab that can run a full sequence - dirt cheap.

      This would, however, mean using REAL data and not the 7-12 markers they currently use for criminology. (NB: Genetic genealogists looking to see if two people are closely related would need to perform in excess of 100 STRs and a dozen or so SNPs - if both are male, PLUS a whole load of markers off the autosomnal region, PLUS a full mitochondrial sequencing. And even then, accuracy isn't great and falls off sharply. Nobody in genetics, even those who are experts in the criminology aspect, takes current DNA testing by police seriously. The probability of coincidental matches is too high.)

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
  10. Just do the damned test by ogl_codemonkey · · Score: 1

    Sometimes justice is expensive; and sometimes it makes mistakes - but if you can get a definitive answer from a reliable, available test; do it.

    Perhaps then bill each of them for half the cost, for not cooperating.

    1. Re:Just do the damned test by wonkey_monkey · · Score: 5, Insightful

      Perhaps then bill each of them for half the cost, for not cooperating.

      Who says the innocent one isn't cooperating?

      --
      systemd is Roko's Basilisk.
    2. Re:Just do the damned test by Anonymous Coward · · Score: 2, Insightful

      >Perhaps then bill each of them for half the cost, for not cooperating.

      Why would you bill both? If they both say they didn't do it, then one IS cooperating and telling the truth.

      You want to charge him half a million dollars for being innocent and telling the truth?

    3. Re:Just do the damned test by The+Wild+Norseman · · Score: 1

      Sometimes justice is expensive; and sometimes it makes mistakes - but if you can get a definitive answer from a reliable, available test; do it.

      Once you can find a test that produces a definitive answer, then great! But a DNA test isn't it.

      --
      "A government is a body of people usually -- notably -- ungoverned." -Shepherd Book
    4. Re:Just do the damned test by reub2000 · · Score: 2

      2 unemployed truck drivers. Where are you going to get the money from?

    5. Re:Just do the damned test by Tom · · Score: 1

      Who says there's an innocent one?

      I sure hope the prosecutors look at the possibility that they in fact conspired on this, knowing that for each individual case one of them would have an alibi and if they both claim innocence and can show alibis for a part of the cases, a procesutor trying to get one of the convicted will fail.

      --
      Assorted stuff I do sometimes: Lemuria.org
    6. Re:Just do the damned test by ericloewe · · Score: 1

      It doesn't really matter if they end up paying for it - it's important to let would-be criminals know that justice will spend any amount of cash to grab one guy and worry about the financial side of it later.

      I'm sure most taxpayers agree with that.

  11. Easy solution by Hogwash+McFly · · Score: 5, Funny

    Just charge the one with the goatee.

    --
    Mother, do you think they'll like this sig?
    1. Re:Easy solution by tompaulco · · Score: 2

      Just charge the one with the goatee.
      No! Charge the snooty one.

      --
      If you are not allowed to question your government then the government has answered your question.
    2. Re:Easy solution by roc97007 · · Score: 1

      Yes you can.

      --
      Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
    3. Re:Easy solution by russotto · · Score: 2, Funny

      No! Charge the snooty one.

      It's FRANCE.

      They're both snooty.

    4. Re:Easy solution by tompaulco · · Score: 1

      "No! Charge the snooty one."
      It's FRANCE.

      They're both snooty.


      Then charge the one with the black beret.

      --
      If you are not allowed to question your government then the government has answered your question.
  12. Re:Fucking brilliant! by DeeEff · · Score: 1

    But what if they're triplets? It'll just be the same escalation!

  13. Or IS there even a genetic test?. by popo · · Score: 4, Interesting

    Will someone with a better understanding of genetics please explain how a genetic test is even possible?

    My understanding is that identical twins -- arising from the same zygote -- are genetically identical. Not just "pretty much identical" as the article states.

    What possible "genetic test" is being proposed that could differentiate between the brothers? Is the town being scammed?

    --
    ------ The best brain training is now totally free : )
    1. Re:Or IS there even a genetic test?. by ifiwereasculptor · · Score: 2

      Will someone with a better understanding of genetics please explain how a genetic test is even possible?

      My understanding is that identical twins -- arising from the same zygote -- are genetically identical. Not just "pretty much identical" as the article states.

      What possible "genetic test" is being proposed that could differentiate between the brothers? Is the town being scammed?

      Of course not! Modern laboratories are equipeed with new, state-of-the-art dice for such quandries.

      The cost seems a little inflated, though. I could do the same test for a penny (that would luckily also cover all equipment expenses).

    2. Re:Or IS there even a genetic test?. by ifiwereasculptor · · Score: 4, Informative

      All joking aside, though, I also got curious. And, as I went to Google College, unlike some underprivileged folks, let me share my inaccessible knowledge: http://genetics.thetech.org/ask/ask68

    3. Re:Or IS there even a genetic test?. by RKThoadan · · Score: 2
    4. Re:Or IS there even a genetic test?. by Cockatrice_hunter · · Score: 1

      While they both start with the same data, minor copy errors during DNA replication will eventually mean that they are not 100% identical. The odds of both twins actually mutating in the same way is actually pretty low. Most of these copy errors will occur in the womb, however some can be attributed to environmental factors.

      Normal DNA tests take a few locations of the genome and compare them. To be more thorough, you test more points. Eventually you'll find a difference that you can use to compare. It's like comparing two books. You open to the first page and see the same acknowledgement you might assume the same book. But sampling a few more pages and you'll realize that maybe one is partially plagarised from the other.

      They should pay it just to show that 'twin' crimes are not uncatchable.

    5. Re:Or IS there even a genetic test?. by alexmipego · · Score: 1

      I'm not a geneticist but although they both started with the same genetic material there are mutations occurring ever since. Diseases and such can also cause additional differences in their DNA. The major source of DNA mutations you hear about is at the moment of "conception" but even a couple mutations after that would make you more "unique".

      Of course, in the middle of a trillion DNA sequences, picking up those very few and small changes will be expensive. Most paternity and "identification" DNA tests rely on a few number of specific markers, which btw is why you usually hear things like 98%-99% accuracy and never 100%.

    6. Re:Or IS there even a genetic test?. by popo · · Score: 5, Informative

      Ah. So there is a way. Thanks for the Google Fu.

      Unlike some 'other' underprivileged folks I have one of those modern "cut and paste" operating systems. :p

      Here is the important bit from the above link:

      "Just like our fingerprints, the environment can change our DNA too. We all build up mutations in our DNA over time. Most of these DNA changes are harmless although some can lead to diseases like cancer.

      Where do these changes come from? Some come from the stuff our body does everyday. For example, we all start out with a single cell and end up with somewhere around 50 or 100 trillion cells.

      The DNA in all of these cells needed to be copied (not 100 trillion times but a lot). The machinery in our cells that copies our DNA is incredibly good at what it does, but not perfect. Occasionally, it makes a mistake that is not fixed.

      Our DNA also changes in response to things like sunlight or the food we eat. Both can damage the DNA causing mistakes to happen.

      Coming up with a genetic test looking for these changes is going to be tough. First, these changes are pretty rare. Everyone has about 100 new mutations in their DNA. Sounds like a lot but spread out over 3 billion base pairs, that is quite a needle in a haystack."

      --
      ------ The best brain training is now totally free : )
    7. Re:Or IS there even a genetic test?. by TheSync · · Score: 4, Informative

      My understanding is that identical twins -- arising from the same zygote -- are genetically identical. Not just "pretty much identical" as the article states.

      Then your understanding is wrong, see this article:

      Geneticist Carl Bruder of the University of Alabama at Birmingham, and his colleagues closely compared the genomes of 19 sets of adult identical twins. In some cases, one twin's DNA differed from the other's at various points on their genomes. At these sites of genetic divergence, one bore a different number of copies of the same gene, a genetic state called copy number variants.

      It is generally felt that copy number variation (CNV) between MZ twins is generally post-meiosis (i.e. mitosis).

      Typical police forensic genetic tests look for a "fingerprint" based on lengths of DNA when cut by particular enzymes. This is unlikely to find CNVs.

      Some CNVs might be discoverable with a SNP microarray chip (not super expensive to perform), but it is possible that you may need to do a complete sequence of both twin's DNA to find the needed CNV differentiator.

    8. Re:Or IS there even a genetic test?. by tompaulco · · Score: 1

      Well, this makes sense as the DNA in one part of your body can also be different from the DNA in another part.

      --
      If you are not allowed to question your government then the government has answered your question.
    9. Re:Or IS there even a genetic test?. by catchblue22 · · Score: 1

      Will someone with a better understanding of genetics please explain how a genetic test is even possible?

      My understanding is that identical twins -- arising from the same zygote -- are genetically identical. Not just "pretty much identical" as the article states.

      What possible "genetic test" is being proposed that could differentiate between the brothers? Is the town being scammed?

      I am not really an expert in the field, but I have heard of a field called epigenetics. According to epigenetics, our environment has an impact on how our genes are expressed. Furthermore, epigenetic adaptations can be passed on to children and even grand-children. This field blurs the line between "nature" and "nurture", allowing our actions to impact the epigenetics of our grandchildren or even great grandchildren.

      I am not sure if there is yet an epigenetic test to reliably differentiate between identical twins, but I suspect it would be possible.

      --
      This and no other is the root from which a tyrant springs; when first he appears as a protector - Plato (423 to 327 BC)
    10. Re:Or IS there even a genetic test?. by BlueCoder · · Score: 2

      Actually it's worse. You see the mutations are per cell. All individual cells throughout your body are accumulating errors. That is how cancer occurs.

      If the DNA sample they have is skin then they need to separate and analyze thousands of DNA signatures from cells in the exact place the scratch occurred. If the sample they have is sperm then they need to separate and get complete genomes of each of millions of sperm hoping that they get a match from a mutation in the originating germ cell.

      I doubt the test is 1 million. More like 100 million. Unless of course they are hoping to find that mutation that occurred after the twins split but before the germ cells originated. That is to say all germ cells would share a common mutation. Not sure how likely that is.

    11. Re:Or IS there even a genetic test?. by AHuxley · · Score: 1

      Most police forces do very cheap DNA tests. You can be matched up by mistake now - the databases are that big and test results that limited.

      --
      Domestic spying is now "Benign Information Gathering"
    12. Re:Or IS there even a genetic test?. by mysidia · · Score: 1

      My understanding is that identical twins -- arising from the same zygote -- are genetically identical. Not just "pretty much identical" as the article states.

      They were most likely identical or near-identical at the time of birth.

      Depending on the age... over years, there are changes that are certain to occur to individualize your genetic material, including mutations, viral infections you had over your lifetime, that may have integrated their patterns into your DNA....

      The differences are minute, but even genetic twins are not expected to remain perfectly identical for very long.

    13. Re:Or IS there even a genetic test?. by roc97007 · · Score: 1

      > What possible "genetic test" is being proposed that could differentiate between the brothers?

      That could be the premise of a David Cronenberg film.

      --
      Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
    14. Re:Or IS there even a genetic test?. by Smallpond · · Score: 2

      Will someone with a better understanding of genetics please explain how a genetic test is even possible?

      My understanding is that identical twins -- arising from the same zygote -- are genetically identical. Not just "pretty much identical" as the article states.

      What possible "genetic test" is being proposed that could differentiate between the brothers? Is the town being scammed?

      Here in Massachusetts we have drug labs that can prove anything.

    15. Re:Or IS there even a genetic test?. by Rutulian · · Score: 2

      It really depends on the nature of the mutation. If you're trying to identify a random mutation in single differentiated cells, like you describe, then it is hopeless. But in all likelihood it would be a more general mutation shared by all or a large number of cell types that happened pre-differentiation (ie: in the germ cell).

    16. Re:Or IS there even a genetic test?. by tibit · · Score: 1

      To catch those mutations, they won't be analyzing signatures, I don't think. A signature only works if you're sure that's where the mutations are. But they won't know any of that. They need to sequence the whole damn genome. That's around $50k a pop, right? The price indicates that they expect to run about 10 full sequencings per twin. That may be a bit, um, optimistic. Someone who knows this stuff please correct me if I'm wrong.

      --
      A successful API design takes a mixture of software design and pedagogy.
    17. Re:Or IS there even a genetic test?. by Rutulian · · Score: 1

      Still, I doubt it would really cost $1m. We've become surprisingly good, and clever, at discovering mutations in recent years. With the human genome we already have a pretty good scaffold. You would need high genome coverage. That is cheap these days. The expensive part is the analysis, but there is a lot of stuff out there to make this much easier than it used to be. I would be surprised if the cost is even $100k. If they are saying $1m, they are full of it.

    18. Re:Or IS there even a genetic test?. by tibit · · Score: 1

      I don't think it's like a book. It's more like two books that were individually printed on a printer, and there were errors in transmission to the printer. Sometimes a letter would be changed, or deleted, etc. The "few locations" or "signature" methods won't work, I don't think. What will work is sequencing the genome, and hoping you can match the samples to relevant tissues from the twins. You can have one patch of skin that has different DNA from another patch, even if the mutations happened in the womb. Different patches of skin come from different progenitor cells, I'd think. That's but an example, of course. Everything depends on how early in the development the mutation occurred. The earlier, the better. Of course I'm no specialist, nor even an informed hobbyist, so I might be entirely off base :)

      --
      A successful API design takes a mixture of software design and pedagogy.
    19. Re:Or IS there even a genetic test?. by tibit · · Score: 3, Interesting

      I think that the price indicates they expect to run, about 20 sequencings in total, and I think that's a bit optimistic of them.

      --
      A successful API design takes a mixture of software design and pedagogy.
    20. Re:Or IS there even a genetic test?. by tibit · · Score: 1

      Sequencing is cheap and getting cheaper. In 10-15 years or so there will be no reason to use the legacy DNA tests at all. It'll be full genome sequencing, and that'll leave zero doubt -- except for how the samples were obtained, of course.

      --
      A successful API design takes a mixture of software design and pedagogy.
    21. Re:Or IS there even a genetic test?. by Anonymous Coward · · Score: 1

      less than 30 seconds with google...

      Wow. I'm not OP, but I could easily see someone feeling so unknowledgeable about this subject (and others for that matter) that they would feel more confident in asking the question on a forum where an "expert" in the field may see it and be able to chime in, than they would about a random Google query that they could come up with. And you have the balls to essentially throw a "lmgtfy" in their face?

      Have you never had a question where you were like, "ok, I know wtf I am trying to ask, now how the hell do I ask it of Google?"? If not, then you are clearly a better person than I.

    22. Re:Or IS there even a genetic test?. by Ambvai · · Score: 1

      Disclaimer: This came up on one of the fictional police shows recently. CSI, I want to say. It sounds reasonable enough, so I'll run with it.

      According to the show, a decent chunk of our biology consists of environmental factors. They ended up cracking the case of in vitro quadruplets, including one who was born ~20 years later, by comparing the antibodies present in each individual. Assuming they didn't live in the same place, they probably developed different tolerances to allergens as well.

      Not a fan of the show, but there was only four stations, so... Seems reasonable enough to actually exist and be testable.

    23. Re:Or IS there even a genetic test?. by Cyberax · · Score: 1

      You get a certain amount of somatic mutations. Also, there are T-cells which have regions of DNA that mutate all the time (that's how your immune system creates immune cells adapted to kill certain diseases). So there's a near certain chance that your blood has large amount of T-cells with unique sequences. So you need to get samples from the rapes, get T-cells out of there, sequence them and then compare to sequenced T-cells from each twin.

    24. Re:Or IS there even a genetic test?. by Cyberax · · Score: 3, Informative

      Analysis cost is about $20k per genome for good enough coverage to distinguish CNV (and I work for a DNA sequencing company).

    25. Re:Or IS there even a genetic test?. by dwye · · Score: 1

      Sequencing is cheap and getting cheaper. In 10-15 years or so there will be no reason to use the legacy DNA tests at all. It'll be full genome sequencing, and that'll leave zero doubt -- except for how the samples were obtained, of course.

      And laboratory and sample contamination, and any other problems that you (or your lawyer) can imagine. Just as the NSA was able to break a Russian 1-time pad code by taking advantage of the fact that they occasionally reused pads (the Venona Transcripts), no lab test is better than the obsessiveness at following procedures of the lab techs and any QC department that the lab may have.

    26. Re:Or IS there even a genetic test?. by julesh · · Score: 1

      To catch those mutations, they won't be analyzing signatures, I don't think. A signature only works if you're sure that's where the mutations are. But they won't know any of that. They need to sequence the whole damn genome. That's around $50k a pop, right?

      More like $6K.

    27. Re:Or IS there even a genetic test?. by julesh · · Score: 1

      Analysis cost is about $20k per genome for good enough coverage to distinguish CNV (and I work for a DNA sequencing company).

      Really? My understanding was that whole genome sequencing was now available for $6k (as long as you're buying tests in bulk). Is there some reason a typical commercial whole-genome sequence would not be suitable for this purpose?

    28. Re:Or IS there even a genetic test?. by TFAFalcon · · Score: 1

      But how many % of your cells will carry those mutations? And how likely is it that those mutations will be present both in the samples of DNA left at the crime scene and in the samples taken by the police?

    29. Re:Or IS there even a genetic test?. by TFAFalcon · · Score: 1

      Do all T-cells in an individual have the same mutations? Or does it depend on which infections those specific cells have been exposed to.

    30. Re:Or IS there even a genetic test?. by RDW · · Score: 1

      The raw data set is being used in a different way. In this type of sequencing, millions of short sequence 'reads' are aligned to a reference genome. A given locus may be covered by dozens of overlapping reads, as in the 'pileup' image here (second figure):

      http://blog.goldenhelix.com/?p=490

      For detection of sequence variants (e.g. single base changes), the 'read depth' (height of the pileup) must be sufficient to call that variant confidently (allowing for heterozygosity, and the error rate of the technology), but it doesn't matter if that locus is covered 30 times or 100 times. Copy number variants, however, are detected by differences in read depth and, since read depth varies even across regions with the same copy number, you can't simply count the reads that align to a given locus - you need enough data (which may be more than a $6k genome run provides) to do the stats and look for regions of significant difference between genomes:

      http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2752127/

    31. Re:Or IS there even a genetic test?. by tibit · · Score: 1

      Haha, I'm an order of magnitude behind times, then. But that's a mistake I'm very happy to have made!! So they figure about a 200 sequencings, then. Shoud do it with plenty to spare, I'd think...

      --
      A successful API design takes a mixture of software design and pedagogy.
    32. Re:Or IS there even a genetic test?. by __aaltlg1547 · · Score: 1

      My understanding is that identical twins -- arising from the same zygote -- are genetically identical. Not just "pretty much identical" as the article states.

      Then your understanding is wrong, see this article:

      Geneticist Carl Bruder of the University of Alabama at Birmingham, and his colleagues closely compared the genomes of 19 sets of adult identical twins. In some cases, one twin's DNA differed from the other's at various points on their genomes.

      Show us the evidence that such variations don't occur within the body of a single person.

    33. Re:Or IS there even a genetic test?. by __aaltlg1547 · · Score: 1
      Now try convincing a jury that you can rule out the possibility that the other twin did it. Hell, maybe BOTH twins are doing it. Here are some other ideas:
      1. Go back to the crime scenes and look for fingerprints.
      2. Rule out one twin or the other based on their whereabouts during specific attacks.
    34. Re:Or IS there even a genetic test?. by mysidia · · Score: 1

      But how many % of your cells will carry those mutations? And how likely is it that those mutations will be present both in the samples of DNA left at the crime scene and in the samples taken by the police?

      Those are among the questions that the answer to requires the 500,000+ additional pounds.

      A much larger number of biological DNA samples of different types of cells and different parts of the body from both brothers.

      And a much more extensive detailed computer-based analysis - much more complicated than the routine comparison.

      And the result might indeed be inconclusive -- that is, there is no evidence available to identify of the brothers, or, they might get a heuristic result, but cannot reach a 99% confidence level.

    35. Re:Or IS there even a genetic test?. by walter_f · · Score: 1

      IANAG (as in "I am not a geneticist"), but -

      I wonder if this 100 percent genetical identicality might be just the "start condition" for twins and some (albeit tiny) differences between them might still develop over the years?

      Perhaps such minimal differences just occur in some more "peripheral" tissues of the twins' organisms, like skin cells oder bodily fluids?

      If so, a valid and reliable test procedure for this case would require very finely tuned levels of discrimination and would be non-standard (maybe not even related to common DNA analysis) and according to this, very expensive, like the article said.

    36. Re:Or IS there even a genetic test?. by pcr_teacher · · Score: 1

      Two words:
      1) somatic mutations: http://www.nature.com/scitable/topicpage/somatic-mosaicism-and-chromosomal-disorders-867

      2) mosiacs: http://www.forteantimes.com/strangedays/science/2368/chimeras_and_mosaics.html

      Mutations happen all through the life of an organism. If that mutation happens in a germ cell (sperm or egg) the mutation is passed down to every cell in the next generation. However, if the mutation occurs in a somatic cell (non-germ cell), then when this cell divides (during growth) all the resulting cells carry the mutation.

      In chimera (similar, but slightly different) you can have a person with one blue eye and one brown eye.

    37. Re:Or IS there even a genetic test?. by Cyberax · · Score: 1

      No, each T-cell "line" has its own unique mutation. So each individual would have a specific for him set of nearly-unique mutations. More than enough for forensic testing.

    38. Re:Or IS there even a genetic test?. by Cyberax · · Score: 1

      No, T-cells are not region-specific, there might be different abundance of them in different fluids, but there are no semen-specific or blood-specific T-cells.

    39. Re:Or IS there even a genetic test?. by gmhowell · · Score: 1

      Born twenty years later? A fertilized egg just sat around mom's uterus for two decades? Seems... Odd.

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
    40. Re:Or IS there even a genetic test?. by gmhowell · · Score: 1

      Sequencing is cheap and getting cheaper. In 10-15 years or so there will be no reason to use the legacy DNA tests at all.

      Except that in 10-15 years, there will be a sizable corpus of data; DNA information from an incredible number of cases and convicts (and suspects) that law enforcement won't want to lose or do without. Not to mention, they can be cheap bastards. If there is no money in the budget for a replacement system (analyzers, computers, sampling equipment, etc, etc. plus training) then the old system will continue being used.

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
  14. Re:Lock them both up by Anonymous Coward · · Score: 5, Insightful

    How exactly is the innocent one proclaiming his innocence obstructing justice?

    captcha: unproven

  15. Unless French wages are crazy low... by fuzzyfuzzyfungus · · Score: 4, Insightful

    While '1 million euros' is a big scary number(and certainly higher than evidence handling for more prosaic cases), it isn't exactly free to have a bunch of cops go around swabbing at evidence, a judge, some lawyers, a jury, etc. Processing a case, especially a serious criminal case, just isn't inexpensive. Given the existing acceptance of the relatively high cost of justice, it seems strange to wring hands about an abnormally high cost cropping up in an abnormal case.

    Even if justice didn't demand it, it seems like it would be trivially sensible to just quietly pay what it costs to get the DNA analyzed properly, if only to deter others from trying to get cute.

    1. Re:Unless French wages are crazy low... by Fnord666 · · Score: 4, Funny

      it isn't exactly free to have a bunch of cops go around swabbing at evidence, a judge, some lawyers, a jury, etc.

      I'm going to guess that neither the judge, the lawyers, nor the jury were exactly thrilled about being swabbed either.

      --
      'The tyrant will always find pretext for his tyranny.' - Aesop's Fables
    2. Re:Unless French wages are crazy low... by fuzzyfuzzyfungus · · Score: 1

      That just increases the number of cops the situation requires, it's a nuisance really.

    3. Re:Unless French wages are crazy low... by Solandri · · Score: 5, Insightful

      More succinctly, what is the future cost of allowing these two guys to go free to continue his/their crime spree? And what is the cost of all the copycat twins who'll do the same thing once a precedent has been set that the police won't prosecute twins if they can't tell which one did it?

      If that cost is more than the 1 million euro test, then pay for the test.

    4. Re:Unless French wages are crazy low... by guspasho · · Score: 1

      Exactly! Are we seriously talking about letting a serial rapist go free because we don't want to spend the money it takes to determine which of the two possible men it is? (By we I mean these French authorities.) A million euros is certainly worth the cost to convict a serial rapist. The fact that there's even hand-wringing at this cost is kind of disgusting.

    5. Re:Unless French wages are crazy low... by Tom · · Score: 1

      More succinctly, what is the future cost of allowing these two guys to go free to continue his/their crime spree?

      I cringe every time I see this binary techie thinking applied to the legal system.

      Nowhere in TFA does it say that anyone is even considering letting them go. It's a very short piece on one particular part of the trial. The courts do NOT work like a compiler, they don't just stop the case and throw an error message when they encounter an unusual condition.

      Almost certainly, the prosecution is not spending sleepless nights pondering whether to spend a million or let them go. Rather, they spend productive days wondering if there are other, cheaper, ways to get a conviction. Checking for an alibi, for example. See if one of them was with people who CAN tell the two apart at the time of the crime. Stuff like that.

      DNA evidence is just one part of the puzzle in a good case.

      --
      Assorted stuff I do sometimes: Lemuria.org
  16. Re:Lock them both up by Anonymous Coward · · Score: 5, Insightful

    Wow, logic fail. I hope I never see you in a jury...

  17. Re:TOO MUCH FOR FRENCH !! by chilvence · · Score: 1

    Congratulations, you are an insufferable, unimaginative prick. Go and stick your hands in a blender.

  18. L&O: SVU has prior art by Nyder · · Score: 2

    Saw this on an episode of Law & Order Special Victims Unit.

    And they say television isn't educational...

    --
    Be seeing you...
    1. Re:L&O: SVU has prior art by brisk0 · · Score: 1

      So how did they resolve it? Come on! The justice system needs your help!

    2. Re:L&O: SVU has prior art by Derekloffin · · Score: 1

      Well, if it was like CSI (Miami I think it was), they had blood and were able to determine who's it was by antibody analysis. Here I assume they have semen rather than blood and I have no idea with an antibody analysis is really practical even if they did.

    3. Re:L&O: SVU has prior art by Fned · · Score: 1

      I seriously cannot tell if you're joking or if that's the actual plot of a Law & Order episode.

    4. Re:L&O: SVU has prior art by MostAwesomeDude · · Score: 1

      I can confirm that that was the plot of an actual episode. In the end, they let the twins go, because the cops knew that they couldn't possibly make the charges stick.

      --
      ~ C.
    5. Re:L&O: SVU has prior art by Zirbert · · Score: 1

      Well, if it was like CSI ...

      If it was like CSI, they'd be able to enhance footage from a security camera two blocks away from one of the crime scenes to show the unique thermal imprint of one of the twins could be detected reflecting off a passerby's ipad cover.

  19. Lie Detector Test by RedHackTea · · Score: 1

    Yes, there are a lot of issues and flaws with it, but it's one option. Another would be to come up with a huge list of possible things that only the criminal would know based on the crimes and quiz them and their whereabouts at the time. Yes, you can lie, but it will be very difficult to come up with enough lies until there is a flaw. One twin may actually have a legitimate alibi (receipt) at the time of the sexual assault with verifiable proof (security cam or employee). If one is given enough time, I bet you can come up with quite a few ways to determine the culprit. You just need enough puzzle pieces to fit together that count as proof enough. If both are guilty, then good, else it's a horrible injustice to a free man. At least we now know that someone actually does have an "evil twin."

    --
    The G
    1. Re:Lie Detector Test by mill3d · · Score: 2

      Lie detector tests aren't considered valid evidence in France.

      https://fr.wikipedia.org/wiki/D%C3%A9tecteur_de_mensonge

      --
      Nothing is enough for whom enough is too little - Confucius
    2. Re:Lie Detector Test by cigawoot · · Score: 2

      Well, I'm not sure how France's legal systems work, but a polygraph test in the US typically doesn't fly in court anyway. Usually they use a polygraph as a means of focusing on a suspect so they can acquire other evidence.

    3. Re:Lie Detector Test by nospam007 · · Score: 3, Insightful

      "Another would be to come up with a huge list of possible things that only the criminal would know based on the crimes and quiz them and their whereabouts at the time. Yes, you can lie,..."

      Only morons talk to the police.

      You don't talk to the police.

      Ever!

      It can only hurt you.

    4. Re:Lie Detector Test by angel'o'sphere · · Score: 2

      One twin may actually have a legitimate alibi (receipt) at the time of the sexual assault with verifiable proof (security cam or employee).
      No he would not have. As no one vouching for the alibi will be able to distinguish the two.

      In the typical confrontation situation you have 10 cops and 2 suspects in one room, and behind a glass/mirror wall the witness is asked: which number do you recognize? And now?

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    5. Re:Lie Detector Test by Xtifr · · Score: 1

      There's no such thing as a "lie detector". We do have stress detectors, like the polygraph, which a skilled operator can use to determine whether an average person is lying with better results than a coin flip, but that's a long way from certainty, even if you could guarantee that your subjects are average. Which you can't. And the danger of false positives is even greater than the danger of false negatives--no civilized society can allow a polygraph to be used as anything more than a source of hints for further investigation.

      (As for newer devices like the voice stress analyzer, to the best of my knowlege, those have yet to demonstrate even the mediocre reliability of the polygraph under double-blind third-party testing. And note that I'm being careful of my words here, because I've heard that some of the companies involved with these are quite litigious, but you're welcome to guess my actual opinion in light of that statement.)

    6. Re:Lie Detector Test by the+eric+conspiracy · · Score: 2

      Stress detectors unfortunately are prone to false positive results. If you run 1000 interviews you may have only one who lies and gets away with it but you may 'detect' 50 liars who are telling the truth.

    7. Re:Lie Detector Test by zbobet2012 · · Score: 1

      And chances are the 1/1000 who lied is who you want to catch. You can train someone to dodge them, or if they are born a natural psycho/sociopath lying will cause no stress response.

    8. Re:Lie Detector Test by EuclideanSilence · · Score: 1

      +5 informative to you sir

    9. Re:Lie Detector Test by Confusador · · Score: 2

      That's not really the best advice, what you don't want to do is talk to the police without your attorney present. If your attorney thinks it's a good idea to answer a particular question, then you may want to do it.

  20. Re:Coercion by Anonymous Coward · · Score: 1

    I am not a French Lawyer. Here in the USA lying about the evidence would not be coercion. Police are allowed to lie to the suspect, as long as real evidence goes to court. Coercion is a specific threat or harm, like starving the person for days.

  21. Re:Lock them both up by Anonymous Coward · · Score: 1

    How is claiming you didn't commit a crime when you didn't commit a crime illegal?

    And what value is an accusation from someone that neither witnessed the crime, nor has even any hearsay about it?

    Unless you mean the one that did commit the crime is obstructing justice. in that case, yup, you can tack that on to his charges. Unless he decided to invoke his right to remain silent or his right not to incriminate himself (pretty sure France has those), in that case... ?

    Face it, your idea just sucks.

  22. only crimes where DNA is left in way that can be u by Joe_Dragon · · Score: 1

    only crimes where DNA is left in way that can be used.

    hard to have that happen with a gun or robing a bank.

  23. Re:Coercion by Gordonjcp · · Score: 5, Insightful

    ... and that's why those of us in civilised countries consider the US to have a similar legal system to the brutal Sharia law of countries like Afghanistan, Somalia and Mali, among others.

  24. And compared to everything else? by Kjella · · Score: 1

    Police time + court time + prison time = $$$. I just did a quick check in Norway and at least here it'd equal the cost of 13-14 years of prison time. Sounds totally reasonable to me to get a serial rapist behind bars, I'm guess they're just trying to make the twins realize the futility of their position or to make the government step in with extra money to fund this so it doesn't come out of the local budget. I'd be extremely surprised if they're let go with the message that we couldn't afford to figure out which of you was guilty. In particular because there's nothing stopping them from continuing to assault women. But I'm guessing it's quite possible that they're both in on it and so neither would like the police to solve the case.

    --
    Live today, because you never know what tomorrow brings
    1. Re:And compared to everything else? by michelcolman · · Score: 1

      I wouldn't be surprised if they would let them both walk. It's not a matter of one person deciding "shall we spend a million euros to find out who it is"? It's a matter of figuring out who should pay, then finding the right rules in "the book" that would allow such amount to be spent, using what budget, etcetera. Sure, France can afford to spend a million euros on something like that, but can the local police department? Can they get the money from some other department? Will they find someone willing to approve it? (Not meaning "someone who thinks it's a good idea" but "someone who will take the personal risk of allowing rules to be bent"). Don't underestimate bureaucracy, especially in France.

  25. Re:Lock them both up by wonkey_monkey · · Score: 1

    One is guilty, the other is accessory. Both are obstructing justice.

    [citation needed]

    --
    systemd is Roko's Basilisk.
  26. Polygraph and interrogation by corychristison · · Score: 1

    I'm in Canada, and the rules may be different but since they have DNA that narrows down to these twins, they are suspects.

    Since they are suspects in fairly serious crime, interrogation amd a polygraph would be the simplest amd probably cheapest route at this point.

    Again, laws may be different over there.

    1. Re:Polygraph and interrogation by Anonymous Coward · · Score: 1

      http://en.wikipedia.org/wiki/Polygraph#Validity

    2. Re:Polygraph and interrogation by SecurityGuy · · Score: 3, Insightful

      Any sympathy for the innocent one? I'd sure hate to be tortured because my sibling committed a crime.

    3. Re:Polygraph and interrogation by CrimsonAvenger · · Score: 4, Insightful

      A ball-peen hammer or garden sheers to the knuckles works wonders. Not a lot of sympathy for rapists.

      Of course, only one of them is a rapist. A ball-peen hammer or garden sheers to the knuckles of the innocent twin evokes quite a bit more sympathy....

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    4. Re:Polygraph and interrogation by lewko · · Score: 1

      Yep. Well.. Not a lot of sympathy for French people either, so it's all good...

      --
      Do you or your partner snore? - Visit www.snoring.com.au
    5. Re:Polygraph and interrogation by cameloid · · Score: 1

      That's easy. Make them do it to each other. The guilty one will soon confess.

      --
      -- Cisk for the Cisk God
    6. Re:Polygraph and interrogation by Anonymous Coward · · Score: 1

      Of course, only one of them is a rapist.

      That is something the police isn't sure about yet. If you have some info regarding this case, I suggest you contact them.

    7. Re:Polygraph and interrogation by Tom · · Score: 4, Informative

      A ball-peen hammer or garden sheers to the knuckles works wonders

      [citation required]

      All the evidence I have seen indicates the opposite. Torture is a horribly ineffective means of finding the truth. In fact, throwing a coin is probably better.

      If it isn't obvious why, the very simplified causation is roughly this: As torture proceeds, the goal of the victim becomes very simple: Make it end, no matter what. We KNOW that people will readily admit to crimes they did not commit under torture, including crimes that carry the death penalty. We know that people under torture reach a point where they would not only say "yes" but also thank you for it if you offered to kill them right then and there. We know that they will invent not only details of the crimes they are being questioned about, but also entirely new crimes.

      We have historic evidence of people admitting crimes under torture where later investigations found conclusive evidence that they could not possible have committed them.

      Torture does not work if your goal is truth.

      --
      Assorted stuff I do sometimes: Lemuria.org
    8. Re:Polygraph and interrogation by Tom · · Score: 2

      The "you know" part scares me. Millions of people "knew" the earth is flat. Heck, millions of people today "know" that gays are evil, women are the root of all evil, christians/muslims/jews/atheists/blacks/whites/cats are responsible for whatever.

      If you can't prove it in a court of law, then how do you "know"?

      Not to mention that in any civilized society, confession under torture is not admissible in court.

      --
      Assorted stuff I do sometimes: Lemuria.org
  27. Someone gets it. by neoshroom · · Score: 1

    Wait...does this mean my plan to cause another Big Bang using a giant cannon isn't going to work?!

    --
    Big apple, new Yorik, undig it, something's unrotting in Edenmark.
  28. Re:Win/Win by shaitand · · Score: 1

    For a win you'd need to slap the bill on the low life that DID rat on his brother.

  29. Re:Coercion by shaitand · · Score: 4, Informative

    Here in the Red States of America the prosecution is allowed to specifically threaten you with any ridiculous charges they want to get you to accept a plea bargain. Somehow coercion is allowed for both the police and the prosecution.

  30. Re:Lock them both up by QuasiSteve · · Score: 2

    Let's say Twin A did it.

    You presume that Twin B has proof of either their own innocence, or Twin A's guilt.

    If Twin B does not, saying "it wasn't me" is not obstructing justice - it's telling the truth, even if Twin A tells a lie when saying the same thing.
    Saying "It was him!", similarly, is of no help.

    A completely dissimilar, and yet similar, situation occurred in NL a good while back; 'Nijmeegse Scooterzaak' Two kids on a moped, on the run from police, fatal accident. The prosecutor could not prove which of the two was the one operating the vehicle (each said it was the other). As a result, neither could be charged for anything too meaningful.

    A lot of people did say "just charge them both, and find them both guilty", but there were quite a few people who said that if we, as a society, go down that road, that would be a terrible mistake to make - considering you are then willingly and knowingly finding an innocent person guilty; even if you don't know which of the two (or more) is the innocent one; also the opinion of the court that reluctantly let them off the hook for the greater charges.

    The prosecutor has decided to appeal, though, which would land the case in something of an equivalent to a U.S. Supreme Court. I have no idea when the case is supposed to be heard, however.

  31. Re:Fucking brilliant! by shaitand · · Score: 1

    It's actually kind of messed up that they would get away with passing such a law. They aren't allowed to imprison you without due process (except in the situations in which they've given themselves that power because nobody can stop them) but they can make various forms of not committing a crime a crime in itself.

    Lawmakers also like to thwart due processing by writing things in saying "x will be construed as sufficient evidence of blah blah."

  32. UnemployedÃY by angel'o'sphere · · Score: 1

    From the article:
    The 24-year-old unemployed delivery drivers, named locally as Elwin and Yohan, were placed under investigation on Friday.
    Are they now unemployed or are they delivery drivers? And how likely is it that two twins have the "same job"?

    --
    Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    1. Re:UnemployedÃY by femtobyte · · Score: 2

      Presumably, having earned an appropriate commercial vehicle operation license, and a past history of employment as a delivery driver, would be typical attributes for which someone would be termed a "delivery driver" even if currently unemployed, similar to how others might be referred to as "unemployed programmers," "unemployed engineers," etc.

      Or, is the job of "delivery driver" so far below your contempt that it deserves no distinction from "unemployed bum"? I.e., are you a total elitist asshole?

    2. Re:UnemployedÃY by angel'o'sphere · · Score: 1

      In germany someone who is proclaimed unemployed in a newspaper is usully not called by his (not executed) proffesion in then same sentence. Elitist asshole yourself :)

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    3. Re:UnemployedÃY by femtobyte · · Score: 1

      Fair enough. I learned something about German editorial conventions today. Thank you.

  33. Re:Win/Win by Anonymous Coward · · Score: 2, Insightful

    Which to you imprison for rape and which for contempt?

    Also, odds are they are both claimign to be innocent.
    How is it contempt to claim innocence when you actually are?

    You reply is ignorant.

  34. Re:Coercion by Anonymous Coward · · Score: 5, Informative

    Whereas in the good, honest Blue States of America, we just threaten hackers for political gain until they commit suicide. Much less expensive.

  35. Fingerprints different for twins by Angturil · · Score: 1

    Why not use fingerprint evidence (if there is some).

    1. Re:Fingerprints different for twins by s7uar7 · · Score: 2

      I'm pretty sure the French police have probably thought of that...

  36. Budget over Justice? by CB-in-Tokyo · · Score: 4, Insightful

    The justice system shouldn't be haggling over price.

    They have suspects they are sure that did it. They have a method of determining which one, but they are dicking around because of cost?

    Unacceptable.

    1. Re:Budget over Justice? by Rockoon · · Score: 1

      They have suspects they are sure that did it.

      Did what?

      The accusation is rape, but not all accusations of rape are because of actual incidents of rape.

      They have a method of determining which one, but they are dicking around because of cost?

      Of course. Contrary to stupid peoples opinions, the burden imposed upon society actually matters.

      --
      "His name was James Damore."
    2. Re:Budget over Justice? by jamesh · · Score: 2

      The justice system shouldn't be haggling over price.

      They have suspects they are sure that did it. They have a method of determining which one, but they are dicking around because of cost?

      Unacceptable.

      Totally unacceptable. The possibilities are:

      1. Let both men go free. Assaults will continue. And the innocent brother (assuming one is innocent) will be an outcast (so will the guilty one, but he deserves it so we don't care about him).

      2. Imprison both men. Also unacceptable. Even if it turned out both are guilty it still needs to be proven.

      3. Do the tests. Guilty party pays costs (TFS doesn't say if they are a millionaire or not, but lets assume they are). Justice is done.

      The only problem is if the "at least €1M" escalates to "more than €10M" and still doesn't find the outcome beyond reasonable doubt.

    3. Re:Budget over Justice? by CB-in-Tokyo · · Score: 3, Insightful

      Option 4.The government pays for the test and justice is served. A million bucks is not a huge amount when we are talking about government budgets.

      You are right though, there is a an amount and a level of certainty where it doesn't make sense to do the test, but a million bucks to keep a serial rapist (or perhaps two) off the streets, would likely pay for itself.

    4. Re:Budget over Justice? by loufoque · · Score: 1

      French law requires them to do the expensive test.
      This is just making headlines because of the unusually high cost for this unusual situation.

      If you have a DNA analysis company, it looks like the best thing to do is encourage twins to commit crimes.

    5. Re:Budget over Justice? by Rockoon · · Score: 1

      I don't even know where to start with this...

      Then you should probably start here.

      --
      "His name was James Damore."
    6. Re:Budget over Justice? by CB-in-Tokyo · · Score: 1

      Churchill would be proud my man! You have the wit of a demigod, and an intelligence well suited to your wit!

    7. Re:Budget over Justice? by CB-in-Tokyo · · Score: 1

      And like a coward with nothing to offer but empty words he flees.

      I prefer my trolls to have bigger balls.

      And to put together an argument or point of discussion.

      Please indulge me, or I'll have to go back to debating with my 4 old, who seems to be only slightly less well read than yourself.

    8. Re:Budget over Justice? by michelcolman · · Score: 1

      You don't understand how bureaucracy works in France . Sure, "the government" has plenty of money. But which department? Who will authorize it? Using which rule in the rule book? Who will blow his budget on this rather than pass it on to some other guy who is just as unwilling? I wouldn't be surprised if the whole thing stalled and then time ran out so both twins walked.

    9. Re:Budget over Justice? by Tuoqui · · Score: 1

      Except the burden of proof in a criminal case is on the state... So they're the ones that should pay for this regardless of the outcome. They're already willing to blow millions on court staff, judges, prosecutors, etc...

      I mean think of all the court cases where the governments run people into the ground by dragging their heels and racking up legal expenses for the person who may be innocent.

      --
      09F911029D74E35BD84156C5635688C0
      +2 Troll is Slashdot's way of saying groupthink is confused
  37. Re:Win/Win by magarity · · Score: 1

    Take the tests and pay whatever the costs are.
    After the results are in slap the bill on the twin that did not rat on his brother.

    They're unemployed. Good luck getting one to pay the bill.

    Maybe someone could set up a BOINC project to do this analysis to lower the cost?

  38. Would Someone Explain This? by Frosty+Piss · · Score: 1

    Can someone please explain why a more sensitive DNA test costs 1.5 million? I'm not sure I'm buying this.

    --
    If you want news from today, you have to come back tomorrow.
    1. Re:Would Someone Explain This? by mark-t · · Score: 1

      Because a normal DNA test only tests about 400 base pairs. Telling identical twins apart requires testing billions.

    2. Re:Would Someone Explain This? by SocratesJedi · · Score: 5, Interesting

      It sounds a little implausible, but perhaps I am unaware of the forensic issues. Due to massive improvements in DNA sequencing, it costs less than $10,000 to acquire a full genome (see https://www.genome.gov/sequencingcosts/ ). So, back-of-the-envelope:

      (a) $20k to acquire both genomes, plus
      (b) some computational effort to identify interesting DNA polymorphisms ($0 - $1000 ???), plus
      (c) PCR'ing out and sequencing of a region of the crime-scene DNA (cheap; less than $100).

      So $22k, not counting labor costs?

      IAAMB (I am a molecular biologist), but not a forensic one. Maybe it just doesn't work that way. Anyone have other information?

    3. Re:Would Someone Explain This? by SchroedingersCat · · Score: 1

      This is probably the cost to retrofit police crime lab to use DNA sequencing. They cannot just send for shrink-wrap test. It will not hold up in court.

    4. Re:Would Someone Explain This? by Anonymous Coward · · Score: 1

      If we're talking about sperm, that gets _real_ complicated, as cells only contain part of the total dna, with mutations as bonuses.

    5. Re:Would Someone Explain This? by mikelang · · Score: 1

      Cool technology! Cheaper and better coverage. What is an error rate?

  39. is that a lot of money? by hawguy · · Score: 1

    Is a million dollars a lot of money for a murder trial?

    Prosecuting a murder case can easily cost more than a million dollars - and that's not even including the public defender's costs if defendant doesn't pay for his own defense.

  40. So they need to do actual police work? by BLKMGK · · Score: 1

    So instead of using the magic that is DNA they might have to actually really do some police work? 6 attacks and both have airtight alibis? No other evidence at all except eye witnesses who cannot tell them apart? Honestly this simply sounds like they need to look harder and if that doesn't work then fine take the budget hit and do the test. Heck, are they sure no lab would donate some effort towards this? Cost shouldn't be what stops the conviction or sure as hell it will give other's ideas.

    --
    Build it, Drive it, Improve it! Hybridz.org
    1. Re:So they need to do actual police work? by CrimsonAvenger · · Score: 1

      6 attacks and both have airtight alibis?

      They both don't need airtight alibis - if one of them as an airtight alibi, then both can use it, since they're identical....

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    2. Re:So they need to do actual police work? by hobarrera · · Score: 1

      6 attacks and both have airtight alibis?

      They both don't need airtight alibis - if one of them as an airtight alibi, then both can use it, since they're identical....

      Not really. Identical twins may be identical to strangers, but close friends and family can easily distinguish the two.

  41. Re:Innocent until proven guilty. by BLKMGK · · Score: 1

    That's no limitation that's a benefit. Better that some guilty go free to avoid an innocent going to jail. Or at least that's how it's supposed to work but prosecutors game the system to get their stats up. As tempting as it might be to throw them both in jail I think maybe it would be better if both rotted, apart, until the testing was done since sure as hell one of them did do it.

    --
    Build it, Drive it, Improve it! Hybridz.org
  42. Re:Win/Win by angel'o'sphere · · Score: 1

    You are absurd.

    Even I would RAT on my brother if he committed murder or raped a woman.

    If he would rape a friend of mine I would the gods forgive me kill him myself!

    --
    Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
  43. This has happened before by Anonymous Coward · · Score: 2, Informative
  44. Easy by no-body · · Score: 1

    Do the test and have the guilty guy pay the bill.

    1. Re:Easy by Dr+Damage+I · · Score: 1

      I'm pretty sure an unemployed delivery driver who just got convicted of rape is never going to pay off 1000000 euros in his entire life

      --
      "Cursed is he who rises early in the morning..." Isiah 5:11
  45. Re:Coercion by spire3661 · · Score: 3, Insightful

    And then judge specifically asks you if you have been coerced or promised anything and you say 'no, your honor' and everyone in the room winks at each other.

    --
    Good-bye
  46. Re:Lock them both up by yndrd1984 · · Score: 1

    I suppose though its possible 1 twin really was alone and the other was comitting the crimes, which gets you back to square one.

    Isn't that a pretty likely situation? The chances of a younger, unattached person being alone when not at work are fairly good, even better at night when they're asleep. Heck, the 'evil' twin probably knows a lot about 'good' twin's schedule, and could just plan accordingly.

  47. I think they need a second opinion. by Anonymous Coward · · Score: 1

    $1.3M USD is exorbitant. There are labs that will run a sample on an Affy Genome-Wide SNP array for $230. While I can't guarantee that it will differentiate the two samples, the odds are actually pretty good (there's nearly a million SNPs on the array, and nearly a million copy number probes). As a matter of fact, there are several papers comparing twins (and finding differences) using this method. For example: http://www.plosone.org/article/info%3Adoi%2F10.1371%2Fjournal.pone.0017125 and http://bloodjournal.hematologylibrary.org/content/115/17/3553.full.pdf -- and an older version of the array http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2893889/

    TL;DR - for less than $700 they could run a test that would be able to tell which twin matches their evidence (plus $230 for each additional piece of evidence tested).

    1. Re:I think they need a second opinion. by backslashdot · · Score: 1

      Is that stringent and valid/peer reviewed enough to stand up under defense cross examination?

    2. Re:I think they need a second opinion. by chriscappuccio · · Score: 1

      Only one way to find out.

  48. Throw in jail by Old+Wolf · · Score: 1, Interesting

    Throw them both in jail until one confesses. If they want to act like children they can be treated like children..

    1. Re:Throw in jail by PhunkySchtuff · · Score: 4, Insightful

      But what if the innocent one has no evidence, or no alibi that will stand up to prove his innocence?
      Then, you're relying on the guilty one to do the right thing and confess so his brother isn't jailed. He's a rapist, do you really want to rely on his good nature?

    2. Re:Throw in jail by Alsee · · Score: 2

      Throw them both in jail until one confesses. If they want to act like children they can be treated like children..

      What the fuck is wrong with you?

      You're suggesting putting an INNOCENT person in prison for the "crime" of either (1) truthfully denying he did it, or (2) remaining silent on advice of his lawyer when there is likely nothing he COULD say other than a useless truthful denial.

      Note that there is no reason to expect that the guilty party will EVER confess.

      Further note that, if the guilty party isn't confessing then you are creating a no-win scenario for the innocent party. In fact you are creating a very substantial possibility that the innocent one could give a false confession because he has no reason not to, and he has nothing better to do. Hell, if the guilty one isn't confessing than it's actually entirely logical for the innocent one to confess. At least in that case he can hope that guilty one will re-offend and get caught, establishing the other's guilt at which point he can recant his false confession. That could be an innocent man's best hope of ever getting out of prison in your IDIOTIC proposal.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    3. Re:Throw in jail by Fned · · Score: 1

      Yes. They're fucking rapists.

      [citation needed - price, 1 million euros]

    4. Re:Throw in jail by slimjim8094 · · Score: 3, Insightful

      If you want to look for the real scum, look for those who would happily put an innocent person to death.

      --
      I have developed a truly marvelous proof of this comment, which this signature is too narrow to contain.
    5. Re:Throw in jail by backslashdot · · Score: 1

      Don't be a fool. The only person defending rapists here is you. By advocating imprisonment of a possibly innocent person, you want to add a victim to the rapists roster so he has something extra to feel happy about. Unless they both carried out the rapes .. of course you have no evidence of that. Fact is that you are just as bad as a criminal. You should be jailed for wanting to imprison an innocent person. That's attempted kidnapping you are guilty of.

  49. False positive DNA test? by jd659 · · Score: 1

    The summary makes us think that one is guilty based on one victim's identification and the less-than precise DNA test. The problem with the current DNA test is that it does have false positives (where the test would conclude the match, but it would be the wrong person). Imagine if none of them committed the crime and the DNA test in this case has the false positive. What do the twins have to do?

    Absolutely the police has to do the complete DNA test. Maybe they are afraid that it will show that neither is guilty?

    --
    There's no such thing as "illegal download"
    1. Re:False positive DNA test? by Fishchip · · Score: 1

      Police departments don't usually have a spare million euros to spend on one DNA test.

    2. Re:False positive DNA test? by Legion303 · · Score: 1

      In that case, the police should set them both free.

  50. Comment removed by account_deleted · · Score: 2

    Comment removed based on user account deletion

  51. What makes everyone so sure only one is guilty? by seebs · · Score: 2

    It's not as though it's unheard of for identical twins to have similar hobbies...

    --
    My blog: http://www.seebs.net/log/ --- My iPhone/iPad app: http://www.seebs.net/seebsfrac/
    1. Re:What makes everyone so sure only one is guilty? by Tablizer · · Score: 2

      Rape is a hobby? Are you trying to qualify as a GOP candidate?

    2. Re:What makes everyone so sure only one is guilty? by seebs · · Score: 1

      No, but I was assuming people could see the relevance of "similar behavioral traits."

      --
      My blog: http://www.seebs.net/log/ --- My iPhone/iPad app: http://www.seebs.net/seebsfrac/
    3. Re:What makes everyone so sure only one is guilty? by CAIMLAS · · Score: 1

      Especially since they have the same job/vocation as well as the same employment status (presumably not due to the status of the trial). I've only known one set of twins who were drastically different in terms of interest and personality, personally; all other experiences have been fully "identical".

      --
      ~/ssh slashdot.org ssh: connect to host slashdot.org port 22: too many beers
  52. Re:Coercion by bondsbw · · Score: 1

    This is why those of us the US remember that our ancestors proved democracy is possible and led the way for freedom.

    Sure, some aspects of your law and society are better, but it seriously pisses me off when people like you act as though we have a military dictatorship. (Especially while flaunting how your government has taken away certain freedoms in the name of "fairness".) I have more freedoms than some of you ever will.

    --
    All my liberal friends think I'm a conservative, all my conservative friends think I'm a liberal.
  53. Re:Lock them both up by PhunkySchtuff · · Score: 1

    The innocent one is not necessarily obstructing justice - if they're both claiming they are innocent, one is lying and one is telling the truth.
    The one that's telling the truth, he's not obstructing justice.

    Unless he has evidence that the other one did it and he's withholding it or something similar to that.

    Both of them proclaiming their innocence however - the one that is telling the truth is not obstructing justice.

  54. Re:Try them both and sentence each to half time by PhunkySchtuff · · Score: 1

    No, because one is innocent. He's not lying when he says he didn't do it. If he has no evidence that implicates the other one, then he's screwed if they both get a guilty sentence.

    If he has evidence that one way or the other proves his innocence (either by establishing an air-tight alibi, or proving the guilt of the other twin), and he's withholding it, then that's something else altogether.

  55. Having watched the movie "Scream" by backslashdot · · Score: 1

    I am now an expert on criminal justice. The crime may have been committed by both. Of course I could be wrong. Oh well, no harm done.

  56. Re:Try them both and sentence each to half time by backslashdot · · Score: 1

    Sentence both to half time? So basically if one of them is innocent he is screwed -- all to save some money? Meanwhile the guilty one is guaranteed only 50% of the time. Btw, I think the sentence should be life in prison or possibly death penalty. So what's half of life sentence or death penalty?

  57. Re:Pay the F****** Money by backslashdot · · Score: 1

    Agreed.

  58. Cost is plummeting by owlmonkey · · Score: 1

    In the last few years the cost of this kind of sequencing has plummeted and will continue to do so. As long as it's still within the statue of limitations there, if there is one, in just a handful of years it will cost only a few hundred dollars to sequence both twins and detect all mutation differences between them as well as all epigenetic differences (the methylation that turns genes on and off). So eventually the mounties will get their man.

  59. Re:Win/Win by bigstrat2003 · · Score: 2

    The fuck? How on earth is it a conspiracy of any kind to claim yourself to be innocent when you are?

    --
    "16MB (fuck off, MiB fascists)" - The Mighty Buzzard
  60. Re:Win/Win by bigstrat2003 · · Score: 1

    I think what he meant is that the brother who is lying, and saying his brother did it, is the real low life (as he is not only a rapist, but tried to implicate his brother). I could be wrong though.

    --
    "16MB (fuck off, MiB fascists)" - The Mighty Buzzard
  61. Re:Win/Win by angel'o'sphere · · Score: 1

    Interesting idea :D

    --
    Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
  62. Re:Lock them both up by Freddybear · · Score: 1

    Just by existing the innocent one is providing a false alibi for the guilty one. A sufficiently creative prosecutor could make an obstruction charge out of that.

    Unfortunately, I wouldn't put it past some of our US prosecutors to try that one.

  63. Re:Win/Win by Ambvai · · Score: 1

    Then you'd get a third, spiky-haired lawyer pointing, yelling 'OBJECTION!'

  64. Simple by PPH · · Score: 1

    Tell both of them: One of the assault victims suffers from a nearly always fatal STD. We have an antidote, but the side effects are rather nasty. Now, who wants it?

    A little itching powder in the shorts applied in the jail laundry should provide some additional motivation.

    --
    Have gnu, will travel.
    1. Re:Simple by seebs · · Score: 1

      If that were true, they could test for the STD. I assume these people are not quite *that* stupid.

      --
      My blog: http://www.seebs.net/log/ --- My iPhone/iPad app: http://www.seebs.net/seebsfrac/
    2. Re:Simple by PPH · · Score: 1

      If that were true, they could test for the STD. I assume these people are not quite *that* stupid.

      Watch to see which one goes in for a test.

      --
      Have gnu, will travel.
  65. Re:Coercion by blueg3 · · Score: 1

    ... and that's why those of us in civilised countries...

    I'm going to go out on a limb and guess that the actual facts of the matter are that most of you in civilized countries don't appreciate how your own legal system works.

  66. Re:Win/Win by Scarletdown · · Score: 1

    I think what he meant is that the brother who is lying, and saying his brother did it, is the real low life (as he is not only a rapist, but tried to implicate his brother). I could be wrong though.

    I just read through the article, and nowhere does it say that either brother accused the other. In fact, I saw nowhere where it says they made any sort of statement whatsoever. The whole article is that the cops believe that at least one of them did it, but due to the nearly identical DNA, they can't determine which one was the culprit. This entire discussion is nothing more than empty speculation on something never mentioned in the story.

    --
    This space unintentionally left blank.
  67. Re:Crowdfunding? by macbeth66 · · Score: 2

    I'd donate money to get an innocent man exonerated.

  68. What if by phorm · · Score: 1

    They both accuse each other...?

  69. DNA isn't everything by phorm · · Score: 1

    There's other evidence that can be collected. Certainly you might be able to collect enough to rule out one of the twins, which leaves the other as the only suspect with matching DNA and no alibi, etc.

  70. Twin powers = double guilt! by flibbidyfloo · · Score: 1

    Everyone knows twins can magically feel everything the other one does, so it doesn't matter which one "actually" committed sexy crimes... the other got to feel it too, so they are both guilty.

  71. Um, is this all the evidence? by rastoboy29 · · Score: 2

    Have we forgotten about simple things like, for example, establishing who was where and when?  You know, alibis?

    If it's a "string" of rapes, surely one of the brothers has an alibi for one of them, at least?

    1. Re:Um, is this all the evidence? by Dr+Damage+I · · Score: 1

      You're going to need an alibi witness who can reliably distinguish between the twins.

      --
      "Cursed is he who rises early in the morning..." Isiah 5:11
  72. Re:Evil genes... by Yomers · · Score: 1

    Burn the witch!

  73. Re:Coercion by julesh · · Score: 1

    Whereas in the good, honest Blue States of America, we just threaten hackers for political gain until they commit suicide. Much less expensive.

    Probably somewhat influenced by the fact that the democrat AG only had a 4% lead on the republican candidate in the last election -- must be trying to impress the borderline voters.

  74. Re:Coercion by CAIMLAS · · Score: 2

    Inshallah, you are absolutely right. Police lying to murder and rape suspects is morally and culturally equivalent to culturally sanctioned rape, communal stoning (at least they're well socialized), and honor killings. How silly of us to think otherwise. Allah ackbar!

    --
    ~/ssh slashdot.org ssh: connect to host slashdot.org port 22: too many beers
  75. Re:Win/Win by dissy · · Score: 1

    So you are admitting to having committed conspiracy?

    After all, you have not come forward to report my crimes, so as you said you are clearly guilty of conspiracy for keeping quiet and for claiming innocence yourself.

    Apparently the fact you and this twin brother were not aware of the others crimes is beside the point.

  76. Re:Win/Win by cffrost · · Score: 1

    This entire discussion is nothing more than empty speculation on something never mentioned in the story.

    Well I'm sitting in an armchair*... Aren't you sitting in an armchair? I thought we were all sitting in armchairs.

    * To add further credence, I'm also wearing a monocle and smoking a pipe.

    --
    Thank you, Edward Snowden.

    "Arguments from authority are worthless." —Carl Sagan
  77. Re:Coercion by cffrost · · Score: 4, Informative

    ... and that's why those of us in civilised countries consider the US to have a similar legal system to the brutal Sharia law of countries like Afghanistan, Somalia and Mali, among others.

    There are those of us in the US who agree that the US legal/penal/justice systems are brutal, regressive, unjust, and counterproductive, and do what we can to change that, but at the same time are opposed by authoritarian-types who claim that various improvements proposed by "bleeding-heart liberals" equate to being "soft on crime." However, my state struck down the judicial death penalty a few years ago and decriminalized marijuana possession last year, so I still have hope that improvements can continue, at least at the state level.

    --
    Thank you, Edward Snowden.

    "Arguments from authority are worthless." —Carl Sagan
  78. Presumed guilty by hoboroadie · · Score: 1

    You don't get to be convicted just because you probably committed some of a list of crimes.

    So, in France, things are different than in the U.S.?

    --
    They feared that it could be used to suppress protest or support unpopular rule.
  79. Re:Coercion by Gordonjcp · · Score: 1, Troll

    You've got the whole culture of prison rape thing, and you have the highest prison population of any country because your increasingly insane "War on Drugs" means that people get long prison sentences for possessing the kind of amounts of cannabis that the police in other countries (the UK included) wouldn't even bother confiscating (although here depending on how arsey the police officers involved are, they might make you throw it in a bin, and pretend not to notice if you fish it out once they've gone up the street a bit).

    You may not have "communal stoning" in the sense that you actually throw rocks at people, but you do have a strong mob mentality and the drive to ruin people's lives over minor infractions. For example, there are people right now in America who are on the sex offender register because they were naked in their own back garden. These people are denied the right to vote, and denied most jobs, simply because *someone* decided to call the police because of something they were doing in private. I think that's pretty close.

    Honour killings you *probably* don't have, but you do have a culture where people subscribe to this Roy Rogers fantasy where if they carry a gun and someone tries to mug them, they can just shoot the bad guy's gun right out of his hand and everything will be okay. Police officers who carry guns have to spend a hell of a lot of time on the range practicing, and they probably can't do that. What's the bets that these "guns make us safer" nutcases couldn't even hit their assailant, and end up injuring someone else - or worse?

  80. Re:Coercion by Gordonjcp · · Score: 1

    Some, yes, but compared to the UK and EU you don't.

    How's that Data Protection Act coming along? Are companies still allowed to sell all your personal information to anyone who wants it?

    Have you figured out how to fix your libel laws yet? Basing the decisions on who can show up with the most money for lawyers, instead of the actual facts seems a bit wonky from here.

    I could go on, but I won't. Oh, but before you mention CCTV, American cities have just as many CCTV cameras as anywhere else - but you've got armed police ready and willing to shoot you thrown into the mix too. Last I heard, no-one had ever been shot and killed by a CCTV camera.

  81. Re:Justice =! Reality by hoboroadie · · Score: 1

    I have attended jail in the capacity of the wrongfully convicted.

    It sucked

    --
    They feared that it could be used to suppress protest or support unpopular rule.
  82. Just say no by hoboroadie · · Score: 1

    The mind control is working.

    --
    They feared that it could be used to suppress protest or support unpopular rule.
  83. Re:Coercion by hoboroadie · · Score: 1

    That one really got me, that I wasn't allowed to plead no contest and they forced me to perjure myself, both with the actual guilty plea, and stating I had not been coerced or promised anything. I hate lying, but it got me out of a five year sentence for a crime that never occurred.

    --
    They feared that it could be used to suppress protest or support unpopular rule.
  84. Re:Coercion by ericloewe · · Score: 1

    I'm quite sure democracy was proved to be possible a long time before the US was even a thought in someone's mind.

  85. EEG or fMRI lie detection by GameboyRMH · · Score: 1

    Make it do something good for once.

    --
    "When information is power, privacy is freedom" - Jah-Wren Ryel
  86. Charles Dickens? by bhagwad · · Score: 1

    It's "A Tale of Two Cities" all over again!

  87. WAIT They can EACH get a MUUG SHOT by Provocateur · · Score: 1

    You. Face front!

    You. Left face!

    Cut the cost.

    Back on topic: The one that sleeps better at night is your man, he's been caught.

    --
    WARNING: Smartphones have side effects--most of them undocumented.
  88. It's a riddle by wylderide · · Score: 1

    Just ask one of the twins, "Who would your brother say committed the crime?" ;)

    --
    This is the best restaurant I ever eat in
  89. Re:Unemployed by angel'o'sphere · · Score: 1

    Well, in fact you could write a sentence like that, but a reader would stumble about it, like I did.
    You rather would write something like "the unemployed culprit, a baker by trait ..." or "the unemployed, former lawyer," or perhaps "the unemployed who used to be a delivery driver" etc.

    --
    Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
  90. Re:Coercion by im_thatoneguy · · Score: 1

    If someone commits suicide over the prospect of 6 months in jail for committing a crime you're guilty of you can't blame the prosecutor. Especially when you deliberately break said law as an act of civil disobedience.

    The whole point of civil disobedience is to show the law is unjust by letting "justice" carry itself out.

  91. Re:Win/Win by Zirbert · · Score: 1

    Maybe someone could set up a BOINC project to do this analysis to lower the cost?

    This is a job for Kickstarter!

  92. Re:Try them both and sentence each to half time by rs1n · · Score: 1

    I am simply wondering it if was possible to accuse both of them since it is not even clear whether one or both brothers carried out the crimes. In other words, if both guys are prime suspects, what prevents the authorities from moving forward to put them both on trial? Many of the responses automatically assume that only one of them is actually guilty, whereas the articles I have read indicated that the evidence suggests at least one of them is guilty.

  93. Plot Twist! by darkfeline · · Score: 1

    They are in fact triplets and the triplet no one heard about, not even these two, actually committed the crime!

    Call me if you want to sign a publishing deal.

    1. Re:Plot Twist! by neminem · · Score: 1

      Sounds like an episode of Castle. (Not a specific one that was already done, just sounds like something the show would do.)

      I totally heard the Castle duh-duh-duh duh DUH twang in your post.

  94. Re:Coercion by shaitand · · Score: 1

    "If someone commits suicide over the prospect of 6 months in jail for committing a crime you're guilty of you can't blame the prosecutor."

    When someone engages in civil disobedience you can't just shift the blame from the people who are committing the injustice onto the protestor simply because he knew they would do something unjust in response to his action. That would render the exercise pointless.

    Blame works like a digital file not like a physical pie. One person taking some portion of it doesn't reduce or dilute what is left for everyone else.

  95. Re:Coercion by shaitand · · Score: 1

    Sorry I forget sometimes how successfully the powers at be have managed to partition everyone in the US into two groups targeted at one another while both acting in the interests of the powers at be and spinning their actions as support for one side or the other.

    United States of America is a nation not a subset of individual states. By "Red", I was making a pretty obvious association with unjust totalitarian state action such as that typically seen in the USSR and China. If you are among the brainwashed and need it spun to fit with the dogma and spin of your designated political partition feel free to re-read my sentence with red replaced by "Ultra Conservative" or "Commie" as appropriate and fail to see what those of us who have resisted such partitioning might recognize as sad yet hilarious irony.

  96. Re:Coercion by Rudisaurus · · Score: 2

    Switzerland: 722 years and counting.

    --
    licet differant, aequabitur
  97. "He did it" "Yes, I did it" by mangu · · Score: 1

    Imagine if one and only one of them is lying. Which one?

    If the guilty one is lying, they are both claiming the other one did it.

    If the innocent one is lying for the other one, then they both agree that the not guilty one did it!

    So, in your theory, the one who says he didn't do it is guilty of rape, and the one who admits he did it is guilty of conspiracy?

  98. Solve it by 12WTF$ · · Score: 1

    A strategy to get them to talk:
    Either talk and rat out the rapist brother, or the €1m DNA test is done to confirm the exact perpetrator.
    The rapist get time in the big house but the twist is that the innocent brother get fined €1m for obstruction of justice.

    --
    Cryonics - Keep cool and carry on.
  99. Re:Coercion by gmhowell · · Score: 1

    Coercion is a specific threat or harm, like starving the person for days.

    Oddly enough, threatening someone with PMITA prison is not coercion.

    --
    Jesus was all right but his disciples were thick and ordinary. -John Lennon
  100. Re:Coercion by gmhowell · · Score: 1

    And then judge specifically asks you if you have been coerced or promised anything and you say 'no, your honor' and everyone in the room winks at each other.

    God help you if your acting coach (lawyer) forgot to tell you how to answer this question and you accidentally point out the de facto coercion of which you were a victim. Hilarity ensues. Mostly in an off the record sidebar.

    --
    Jesus was all right but his disciples were thick and ordinary. -John Lennon
  101. Re:Typical french by gmhowell · · Score: 1

    Give up as soon as it gets hard

    Supposedly, one of them didn't. That's why they have a sample to compare the brothers to.

    --
    Jesus was all right but his disciples were thick and ordinary. -John Lennon
  102. Re:Win/Win by gmhowell · · Score: 1

    This entire discussion is nothing more than empty speculation on something never mentioned in the story.

    Welcome to slashdot. Enjoy your visit.

    --
    Jesus was all right but his disciples were thick and ordinary. -John Lennon
  103. Re:Lock them both up by gmhowell · · Score: 1

    Just by existing the innocent one is providing a false alibi for the guilty one. A sufficiently creative prosecutor could make an obstruction charge out of that.

    Unfortunately, I wouldn't put it past some of our US prosecutors to try that one.

    The unfortunate thing isn't the prosecutors who try it, it's the judges who let them try it.

    --
    Jesus was all right but his disciples were thick and ordinary. -John Lennon
  104. Idiot by Kyusaku+Natsume · · Score: 1

    Connect your brain, clear the word "rape" from your mind, get an account and then get back to /.

    If you accept that in the pursuit of criminals you want to punish innocent people too you destroy the reward-punishment equation that makes the social contract work. Why would otherwise law abiding citizens respect the law if they would end punished even if they didn't any crime? Middle east dictators tried that. It didn't work in the long run.

    --
    Mexico: 100% conservative's America now!
  105. What they should do: by boxxertrumps · · Score: 1

    Pay for the test and stick the bill on the criminal.

  106. Re:Try them both and sentence each to half time by fvbommel · · Score: 1

    Btw, I think the sentence should be life in prison or possibly death penalty. So what's half of life sentence or death penalty?

    It's not the death penalty. Abolition of capital punishment is a condition for entry into the European Union, of which France is a member.

  107. slashdot internals. by leuk_he · · Score: 1

    Once karma was a number. it had a value between 0 and 50. Every time you got a upvote that number increased. (but not for funny votes). once you had a value above 20 (not sure exact what value) you can post repsonses at +2 instead of +1.

    However the karma number was gamed by some people, using it a as a personal score. To fight karma gaming the number was no longer showed, instead it show a textual description of the same fiel.

    the upper bound was 50.

  108. 1 proof is no proof. by leuk_he · · Score: 1

    They are always saying that ONLY dna proof is not enough to convict someone. This very example proves that dna is not as unique as they are always saying. It is also possible to fake DNA evidence.

    However in this case there was video evidence and witness evicence as well, but it has the same problem... too identical.

    1. Re:1 proof is no proof. by stoatwblr · · Score: 1

      Forensic scientitsts have been saying for a while that DNA evidence isn't absolute proof - and nor are fingerprints.

      The reason is that only a few key DNA and fingerprint points are taken, so there's a small (but finite) probablity of matching on an innocent party.

      This hasn't mattered in the past beause the amount of DNA on file has been small (which means that someone innocent could be prosecuted because he has a "bad" history - aka "round up the usual suspects") but as the DNA record pool grows the probability of a false match grows.

      Ditto fingerprints. There have been a number of known cases where a match has been found to someone who died years ago. What's "good enough" for court evidence, isn't actually good enough anymore - much like your old DES crypts in a moder environment.

      Speaking of fingerprints - identical twins have differing fingerprints, so if they have this dilemma then there are clearly none collected - which smacks of sloppy work in the first place.

      Of course your average USA prosecutor doesn't want to know this stuff even if it results in false convictions and massive payouts later on. Hopefully the french beaks are somewhat more clued up.

  109. Re:Lock them both up by Tuoqui · · Score: 1

    Actually the logic involvedin 'find them both guilty' in this case is legitimate.

    In Canada if a group of people say go rob a bank and one of them ends up shooting the rent-a-cop and killing him everyone can be charged with murder because they were all in on the original crime of robbing the bank.

    --
    09F911029D74E35BD84156C5635688C0
    +2 Troll is Slashdot's way of saying groupthink is confused
  110. Re:It is a nice theory by bhlowe · · Score: 1

    But in this case, you know with 100% certainty that one of two people did it.. and there is a brotherly motivation not to put the blame on your brother--lest he be subjected to unnecessary torture. But I am also for allowing both brothers to spend time in jail for the one crime.. until the right brother decides to man up and take responsibility.

  111. Re:Coercion by alexo · · Score: 1

    And in all the countries outside the USA, we see two sides of the same coin.