acbytesla
Penultimate Amazing
- Joined
- Dec 14, 2012
- Messages
- 40,984
Exactly what I maintain. Here, we are using words and definitions differently to sustain arguments that are superficial and/or not able to be resolved with the available information.
IIUC, Grinder believes that the police believed Amanda and Raffaele were guilty. Therefore, the police misconduct that they engaged in to make it appear that Amanda and Raffaele were guilty is not "framing".
Others believe that the police misconduct should be called "noble corruption" because the police believed AK and RS were guilty.
Others believe that the definition of "framing" includes police misconduct directed against actually innocent persons whether or not the police believe them to be guilty, and thus this is a case of framing.
I believe I don't really know what the police believed, but I see police misconduct. And police misconduct is defined in law, rather than perhaps only on TV shows or other entertainments or in philosophical discussions. So I prefer not to use the terms "framing" or "noble corruption" and stick to "police misconduct", which can be inflicted on the innocent or the guilty. Also, everyone is "innocent until proven guilty" by a court of law. A person is not guilty because the police believe that person is guilty or consider him/her a "suspect" or an "official suspect".
ETA: There was also judicial misconduct in this case, in that judges made manifestly (=very obviously) arbitrary (or biased) decisions in evaluating requests for disclosure of evidence and in the evaluation of the evidence. Nencini even invented, in his motivation report, his own evidence not presented in court. Provisions of Italian laws and Constitution were ignored, as was the Convention and ECHR case-law.
ETA2: If only persons the police believe to be guilty were those which could be "framed", no one would be "framed", because the police would simply claim that they believed the person guilty. Part of the problem here is that "frame" is not an "official" legal term, and that ACCUSED PERSONS ARE INNOCENT UNTIL PROVEN GUILTY BY A COURT OF LAW. Police beliefs do not make a person guilty. "Official misconduct" is the better term.
I always want to laugh at those that are so convinced that the police do not engage in "framing" suspects. While it might not be common place, there is no doubt that it happens. I don't know for sure if the DNA in this case is the result of corruption, I'm convinced that the omission of the negative TMB tests, the attempt of trying to present the false documents for the controls and Rinaldi's testimony is misconduct. I'm not convinced about the computer drives although that seems suspicious as well.