anglolawyer
Banned
Circumstantial evidence need not seem immediately significant but it must be correct. A smudged fingerprint that is made in blood but isn't clear enough to tie it to someone shouldn't be added to the pile of evidence. I don't think that the bloody footprint on the mat is worth anything just because it "could" be someone the police suspect.
I don't believe that that footprint would have been allowed in this trial if it were held here. Even the Italians didn't include smudged prints that could have been someone they suspected.
Then there is part about inverse relationship of significance to the number of connections the evidence could have. The fact that Curatolo saw a couple in the plaza isn't significant because it could have been hundreds of couples. Since he didn't come forward with a description before the kids' pictures were widely distributed. I wonder if they ever used a line-up even as late as he recovered his repressed memory.
Anglo please post that section with inverse relationship again.
As requested:
Curatolo's evidence is neither serious not consistent (but it sure was precise!). It was not serious because of the all the factors affecting his reliability and credibility and it was not consistent because of the disco buses. Galati calls his evidence 'astonishingly accurate' by the way.Galati appeal preface - translated by kompo said:[Such a circumstance] acquires probative value only when multiple pieces of evidence can all be traced to a single cause or a single effect. In applying this, therefore, the judge must first examine each item of evidence [indizio], identifying all its possible logical connections, then ascertaining their gravity, which is inversely proportional to the number of such connections, as well as the precision, which is correlated to the sharpness of [the item's] contours, the clarity of its representation, to the direct or indirect source of knowledge from which it derives, [and thus] to its reliability. [The judge] must, finally, proceed to the final synthesis, ascertaining whether the items under examination are consistent [concordanti], i.e. whether they can be linked to a single cause or a single effect, so that the existence or nonexistence of the fact to be proved can be inferred.