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|Subject: Re: 2 identical twins had sex.....||Date: 2/21/2013 9:07 AM|
|Author: telegraph||Number: 158464 of 166917|
"I've heard of cases where a gang member was held responsible for the entire loss even though others were involved. The judge said (paraphrasing), "If your defense is that you weren't the only one, then you are free to sue the others for their share."
I wonder if the same guiding principle might apply here.... "
If you are part of a group where one person commits murder...ie, you drove the get away car for a bank robbery gone bad......you're still guilty of murder in most jurisdictions. You participated in the crime.
However, here......even though both had consensual sex, you can't pin a paternity test result on the INNOCENT person. It wasn't a crime.
In fact.....if it had been a 'rape'....the government would have to prove WHICH twin did the crime and imprison the correct one. Right?
Same here. HOwever, there is a solution - it is just very very expensive at the moment...and the French government is facing that problem. A million dollars to figure out which twin did it.
They'd be better off not spending the million dollars and simply providing $2000/month child care payments for 21 years for the kid......they'd come out far ahead!.......but that logic won't happen.
YOu can't convict an innocent person, and ONLY one person was responsible.
That's like saying you and your twin were 'driving' down the road and had an accident and one person died. There are charges of vehicular homicide against one of you......the other party - they are suing 'you'......but unless they can convince a jury that the 'right' person was being sued, the facts that you were in the car......does not make you guilty.
They must prove, beyond a shadow of a doubt, WHICH person was driving. That would be an even harder case if both of you were in the car....but you both got out at the scene and both said 'he was driving'. ......
How would you solve that?
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