acbytesla
Penultimate Amazing
- Joined
- Dec 14, 2012
- Messages
- 41,166
Getting back to the Sollecito/Knox case - the case for guilt has always been the convoluted argument to make. Just one the grounds of which side one might wish to argue on the basis of "the easier argument", it is obvious - one would want to argue innocence every day of the week, and twice on Sunday.
I' looking for it as I type - but someone on Ground Report (I think) argued about the illogically of the Chieffi ISC reversal of Hellmann's acquittals - arguing that Chieffi was simply illogical to cite the "osmotic" evaluation of ALL the evidence as some reason to reverse Hellmann.
If it was ALL the evidence Chieffi was looking for (before that other thorny issue of actually weighting each individual item), what followed in the Ground Report piece was as a listing of ALL the other evidence that Chieffi simply had to ignore; the criticism being that while insisting on the "ALL", Chieffi was ignoring a large portion.
For instance, "ALL" the evidence should have included the missing data from Stefanoni; raw-electronic data that would have shown Stefanoni's work. Rather than criticise the lower courts for not insisting on full disclosure, Chieffi turned everything further onto its head by insisting that the defence cannot just claim contamination, the defence actually had to propose a plausible route of contamination - either at the scene or in the lab.
We've been around THAT block 1000 times. In the supposedly stalled transition in Italy from the Inquisatorial to Adversarial system of criminal law, what first should have happened was the prosecution making full disclosure; so that the only reasonable outcome of that disclosure was to show that contamination was unlikely. Absent that, the defence (in an adversarial BARD system) has no obligation to show a route.
It just went to demonstrate that to argue a guilter position, there are flaws in key areas that have to be ignored - or one simply has to appeal to authority or judicial truths, the thing that probably threw the case off-whack - appeals to authority with no, real evidence undergirding it.
It's always been easier to argue for innocence. To argue for guilt, jurists like Nencini had to believe Rudy Guede on one part of his own story, while ignoring the implications of believing Rudy on anything.
Yes! That was my point in the comparison. When you are presented with the requirement to argue something that is weak or unsupported you find yourself presenting weak sophist even inane arguments out of desperation. I see the same type of circular reasoning, absurdities and appeals to authority practiced by Vixen in her arguments for guilt as I do with theists arguing the validity of their religion.
For example, Vixen insistence that Stefanoni is more believable than the countless DNA experts of higher repute. Vixen is appealing to authority. She constantly ignores the evidence replacing her own faith. The rational doe snot matter.