View Full Version : what evidence do they need?


petufo
03-05-2008, 10:14 AM
"a friend" might be going a way for a while.....what evidence are needed in GA to be convicted of murder okay here is a little on this all of this is suppolsy ok

a man and women's home was broken into the female was shot and died the man survived (they think he had something 2 do with it) there was money tooken in a lock box

okay subject one is a mexican he didnt give a statement

subject two is a white mail that gave a statement wich changed about 6 or 7 times and told police where they lock box was no money was inside

there is no finger prints the weapon can not be found and the only statements they have is the victim and subject 2

what kinda evidence do they need to convict a person of murder?

haswtch
03-05-2008, 02:09 PM
I don't think there's any one answer to what evidence is needed- I think "enough to convince a jury" is the overall answer. Hopefully YFDA will be along soon with some insight-

1_Georgia_Peach
03-05-2008, 02:19 PM
Gandy,

They don't need much. My son's case was similar. He was not in the house when the murder took place. There was no weapon used or found. No fingerprints or anything that linked him to this crime and he NEVER made a statement. He was convicted of Felony Murder and Armed Robbery and got 2 life sentences. What my son DID DO was go to the house with his codefendant. When he realized someone was home he left, but the codefendant caught up with my son about 30 or 40 minutes later and told my son that he had gotten some money out of the house and split it with my son. Then the codefendant bragged to all of his friends as to what HE did. My son's mistake was taking half of the money (Theft by Taking) and telling a buddy about what happened. The Armed Robbery charge came from the fact that the codefendant said he pistol whipped the lady, when in fact what he actually did was beat her to death with his feet and fists. My son did not even know the lady had lost her life till he saw it on the news that night, but in GA "the acts of one are the acts of all" so my son was convicted on the premise of being a party to a crime and received 2 life sentences. The only other evidence the DA had was a T-shirt that had the victims blood and the codefendants saliva on it. If you have any other questions let me know. You can PM me and I'll try to help you out as much as I can.

Gryphon
03-05-2008, 02:43 PM
Most states usually have 2 kinds of murder. One kind is premeditated, meaning the defendant thought about it, was able to weigh the consequences. The other is the result of a wilfull act that is done with a conscious disregard for life. The former is first degree murder, the later is second degree murder. FIrst degree carries more time than second degree, and both will carry up to life. The DA has to have enough ecvidence to prove teh crimes beyond a reasonable doubt. Evidence could be either direct or circumstantial. The testimony of a single witness is sufficient to support a conviction (assuming that after that testimony, the jury is unanimously convinced of the defendant's guilt beyond a reasonable doubt.
Issues like prior inconsistent statements can be considered when evaluating a witnesses testimony. Of course, the nature of the inconsistency is very important; and inconsistencies might be due to mistake rather than lying. It'd be up to teh jury to decide which statement, if any, that they decided to believe.

"a friend" might be going a way for a while.....what evidence are needed in GA to be convicted of murder okay here is a little on this all of this is suppolsy ok

a man and women's home was broken into the female was shot and died the man survived (they think he had something 2 do with it) there was money tooken in a lock box

okay subject one is a mexican he didnt give a statement

subject two is a white mail that gave a statement wich changed about 6 or 7 times and told police where they lock box was no money was inside

there is no finger prints the weapon can not be found and the only statements they have is the victim and subject 2

what kinda evidence do they need to convict a person of murder?

Suthrndreamgirl
03-05-2008, 04:21 PM
What evidence do they need? HA! Don't even get me started on this! How about NO evidence, but rather a statement from someone looking to save their own ass!!! LIFE SENTENCE later...here we are!!!

meganlea
03-05-2008, 05:14 PM
Simply put: They only need evidence beyond a reasonable doubt.

haswtch
03-05-2008, 05:44 PM
Which is a decidedly inexact term.

stormflower
03-05-2008, 06:31 PM
Yep all they need sadly Is the overly experienced and convincing wheel spinning story tellers they call the prosecution. They know how to spin the story ( hey they paid a fortune and spent years learning that ) In a way that they convince the gullible jury even when there Is not a shred of evidence and the story seems like gulivers travels at best when read away from the atmosphere of the courtroom.

Get the best defense lawyer you can.

YourFriendlyDA
03-05-2008, 06:50 PM
"a friend" might be going a way for a while.....what evidence are needed in GA to be convicted of murder okay here is a little on this all of this is suppolsy ok

a man and women's home was broken into the female was shot and died the man survived (they think he had something 2 do with it) there was money tooken in a lock box

okay subject one is a mexican he didnt give a statement

subject two is a white mail that gave a statement wich changed about 6 or 7 times and told police where they lock box was no money was inside

there is no finger prints the weapon can not be found and the only statements they have is the victim and subject 2

what kinda evidence do they need to convict a person of murder?

Here's what I see from these facts-

Murder - V1 - we dont have degrees of murder, just malice and felony in GA
Aggravated Assault x2 (for each victim) - pointing and shooting a weapon
Aggravated Battery V2 - shooting causing disfigurement/loss of body part (I'm assuming that the bullet caused damage) (some DAs add a count per bullet)
Armed Robbery x2 - taking the box from the presence of both v's by use of a handgun
Burglary - intent to commit theft
Felony Murder x2 - one for the armed robbery and one for the burglary
False Imprisonment x2 - I'm just guessing they tried to run
Poss of a Firearm during commission of a felony
Terroristic threats - some DAs add this - I usually dont

As for evidence, the testimony of a single witness is sufficient to establish a fact. The surviving victim saying "they shot me and killed her" is going to go a long way. There is a possibility of a trial being severed due to the codef's statements but thats not always the case, especially because they found the box. Without knowing what was said that's hard to say whether it would come in. But finding the box is a big ouch.

Fingerprints on guns... ah, I love CSI. In 6 years I've never seen a print on a gun. I've seen prints on casings and an occasional partial print on a smooth part of the gun, but nothing I could use. I think these prints are a rarity.

I think your "friend" is in a lot of hot water. If he's the one that didnt talk it might be a good time to start thinking about it - especially if he isnt the shooter. He's looking at consecutive life sentences (murder and armed robbery) plus quite a bit of time on the other charges, which is essentially LWOP even if this is his first offense. He may be able to get a plea to a single life sentence and be eligible for parole is 33 1/3 years.

And yes, Georgia has "party to a crime" laws. What that means is that anyone who aids, participates, shares proceeds, or procures anything for an individual who commits a crime is just as in it as he is. So, if your friend went there with him and sat in the kitchen watching tv while he killed them, then left with him and shared some of the cash while driving the killer home... your friend is guilty of murder.

What county?

meganlea
03-05-2008, 08:40 PM
Yep all they need sadly Is the overly experienced and convincing wheel spinning story tellers they call the prosecution. They know how to spin the story ( hey they paid a fortune and spent years learning that ) In a way that they convince the gullible jury even when there Is not a shred of evidence and the story seems like gulivers travels at best when read away from the atmosphere of the courtroom.

Get the best defense lawyer you can.

The way you state that it makes it sound like prosecutors go to completely different law schools from other defense attorneys which we all know isn't true...