QUESTION
Does the state have to prove which of the 2 adults that own and reside at the house accessed the computer and committed crime, or can they charge both
Asked on Dec 05th, 2013 on Criminal Law - Colorado
More details to this question:
Cases as follows, a Criminal act was committed over the Internet at a specific date and time (multiple incidents, just have the IP evidence for one at this time).
3 ANSWERS
Michael J. Breczinski
The State will have a hard time proving which did the act. They have to prove someone is guilty. To do otherwise would violate the presumption of innocence. They do try this but to convict it is their burden to prove who used the computer to commit the crimes.
Answered on Dec 11th, 2013 at 6:15 PM
James Edward Smith
Charge both.
Answered on Dec 11th, 2013 at 5:25 PM
3 Awards
Well, it depends. (right, lawyer talk) both people of the house should get their own lawyer - meaning that they should not talk to each other and they should only say I want a lawyer to police - both should refuse to consent to any searches It may be difficult to prove who did what. It is possible that both could be charged, but both have the defense that the other did it. Anything that each one does to destroy that defense hurts the other. Google - the prisoners dilemma. It is a nice discussion of the general situation. Another way to put it is you either hang together or hang separately. It is unlikely that both are guilty, but the police and DA will do what they can to make one or both talk and blame the other. Then both could be found guilty.
Answered on Dec 11th, 2013 at 5:15 PM