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There are videos on youtube or tiktok of what are called stupid criminals. One example in particular:

  • a dude sees a bike on the front porch of someone.
  • they approach to steal it.
  • they notice there is a camera.
  • they back of and go out of sight.
  • after a few seconds they return with their face covered by their t-shit or hoodie, or whatever.
  • they steal the bike and run off.

Now... it's obvious it's the same guy, right? Same clothes, same physique, same shoes. A few seconds between the first appearance, etc.

But you don't see his face when he steals the bike. So theoretically... it could be someone else, right?

Question: is the video full proof in finding this person guilty of theft and send them to jail? Yes or no?

Mumu
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1 Answers1

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It is up to the jury to decide if the facts are sufficient to prove guilty beyond a reasonable doubt on a case by case basis.

A conviction will be upheld on appeal if there is any evidence presented at trial which supports the conviction. The evidence in the hypothetical case described in the question would be sufficient to uphold a jury verdict on appeal.

Of course, the vast majority of the time, the defendant in a case like this one would strike a plea bargain rather than risk going to trial and receiving a more serious charge or sentence than would have been available in the plea offered.

ohwilleke
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