Thank you for linking that. There's the detail that was missing from the original reporting. Detailed and comprehensive, and a clearly highly qualified panel, yet I wonder whether it would actually meet the necessary standards for a retrial: it is hard to say there is much there that is much that is actually new. It seems more like a reanalysis of existing data and - as I understand, IANL, etc. - that doesn't meet the rules for a retrial, especially as the prosecution expert was cross-examined during the trial.
Nurse arrested for murdering babies
- Thread starter neocon
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Thank you for linking that. There's the detail that was missing from the original reporting. Detailed and comprehensive, and a clearly highly qualified panel, yet I wonder whether it would actually meet the necessary standards for a retrial: it is hard to say there is much there that is much that is actually new. It seems more like a reanalysis of existing data and - as I understand, IANL, etc. - that doesn't meet the rules for a retrial, especially as the prosecution expert was cross-examined during the trial.
Caporegime
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Cover what up exactly? Her management initially defended her and it was the doctors that made the complaint.
Surely if the management were inept and deaths would be caused on their watch then scape goating this women would have been the perfect plan but they didn't did they.
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Caporegime
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On our legal system of reasonable doubt
Based on experts having conflicting views, surely by any definition there's doubt?
Based on experts having conflicting views, surely by any definition there's doubt?
That only applies during a trial. The jury's decision cannot be overturned based on reasonable doubt.
One thing that just occurred to me, does anyone know if a defendant can under UK law lose a jury trial, win a retrial, and then request a bench trial?
Because if it does go back to retrial, and I say this as somebody who thinks she is guilty, I can't see how the prosecution can get beyond reasonable doubt on the remaining evidence, they (if it happens) are going to have to go for the jury's emotion and play their desire not to risk freeing a child killer above their desire not to convict an innocent person.
If her team manage to get a retrial and get it changed to a bench trial the prosecution are in big big trouble
*EDIT*
Okay, turns out there is no right to a bench trial in the UK that's just a US thing, over here it would require the prosecution to agree so no chance.
Basically one of the questions they will have to assess will be if it is probable or improbable that the original jury would have found her guilty beyond reasonable doubt if it had been presented with this new evidence, and/or if it had been used to discredit some of the original evidence presented by the prosecution.
Because if it does go back to retrial, and I say this as somebody who thinks she is guilty, I can't see how the prosecution can get beyond reasonable doubt on the remaining evidence, they (if it happens) are going to have to go for the jury's emotion and play their desire not to risk freeing a child killer above their desire not to convict an innocent person.
If her team manage to get a retrial and get it changed to a bench trial the prosecution are in big big trouble
*EDIT*
Okay, turns out there is no right to a bench trial in the UK that's just a US thing, over here it would require the prosecution to agree so no chance.
I think what he's referring too, is that the Criminal Cases Review Commission will have to include this new evidence when weighing it's decision on the merit of ordering a retrial.
Basically one of the questions they will have to assess will be if it is probable or improbable that the original jury would have found her guilty beyond reasonable doubt if it had been presented with this new evidence, and/or if it had been used to discredit some of the original evidence presented by the prosecution.
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There's no way she can get a fair trial by jury now, just look at some comments in here about how she's definitely guilty etc.One thing that just occurred to me, does anyone know if a defendant can under UK law lose a jury trial, win a retrial, and then request a bench trial?
Because if it does go back to retrial, and I say this as somebody who thinks she is guilty, I can't see how the prosecution can get beyond reasonable doubt on the remaining evidence, they (if it happens) are going to have to go for the jury's emotion and play their desire not to risk freeing a child killer above their desire not to convict an innocent person.
If her team manage to get a retrial and get it changed to a bench trial the prosecution are in big big trouble
*EDIT*
Okay, turns out there is no right to a bench trial in the UK that's just a US thing, over here it would require the prosecution to agree so no chance.
Soldato
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It if it's a department issue with many people responsible is she still not guilty though as babies still died on her watch, or would it not be murder and instead manslaughter or whatever else there is for human deaths under their care ?
They'll have to prove negligence, Lots of people die everyday whilst under care of a practitioner
Soldato
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Surely they've already done that if they managed to get a murder conviction that might not really be murder ?