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A missing underscore sent innocent man to prison for 18 months

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Re: A missing underscore sent innocent man to prison for 18 months

#141

Post by imtringued »

gamblor956 wrote: post #77
Aurornis wrote: post #15

> Nothing linked Klayme to the girl. No intimate images were found. Klayme did have a Kik account, but cops couldn’t even show that he had accessed the service during the period in question. > Still, Klayme was arrested and hit with three charges: > Luring a person under 14 years of age by means of telecommunication > Providing sexually explicit material to a child > Possession of child pornography > The case went to…

Unless the article left something out, the only possible evidence they had was the wrong username. It did. The evidence against him were the messages sent to the girl and the unusual username. It's not like it was John_Smith. It was fairly unique. They couldn't even find evidence that this person used Kik at the time of the crime. The lack of digital evidence is not proof of innocence. It's not proof of anything eith…

If you knew anything about the Skyrim community you would know that it is one of the most generic names possible on the level of John_Smith, possibly even more generic.

It is kind of like naming yourself after a meme or "lol".

Re: A missing underscore sent innocent man to prison for 18 months

#142

Post by saidnooneever »

shusaku wrote: post #45
Aurornis wrote: post #15

> Nothing linked Klayme to the girl. No intimate images were found. Klayme did have a Kik account, but cops couldn’t even show that he had accessed the service during the period in question. > Still, Klayme was arrested and hit with three charges: > Luring a person under 14 years of age by means of telecommunication > Providing sexually explicit material to a child > Possession of child pornography > The case went to…

It all comes down to the jury, none of those things matter. The bigger issue here: he knew those messages weren’t him, so the lawyer should’ve gone full force to figure out how this happened. I would guess his lawyer didn’t really believe him

[dead]

Re: A missing underscore sent innocent man to prison for 18 months

#144

Post by Dilettante_ »

codetiger wrote: post #87
Aurornis wrote: post #15

> Nothing linked Klayme to the girl. No intimate images were found. Klayme did have a Kik account, but cops couldn’t even show that he had accessed the service during the period in question. > Still, Klayme was arrested and hit with three charges: > Luring a person under 14 years of age by means of telecommunication > Providing sexually explicit material to a child > Possession of child pornography > The case went to…

This case can be the best example of human hallucinations. They made a mistake in username, and assumed everything after that was facts. All that had to be proved was the person is the owner of the mistaken username.

There should be/does anyone know if there is a name for this? When you truth-check exactly once and then just blindly runaway after that?

Edit: Apparently in medicine there exists the concept of "premature closure", where the carer settles on a diagnosis early and stops considering other possibilities. Seems like a decent match?

Re: A missing underscore sent innocent man to prison for 18 months

#145

Post by dzhiurgis »

Aurornis wrote: post #15

> Nothing linked Klayme to the girl. No intimate images were found. Klayme did have a Kik account, but cops couldn’t even show that he had accessed the service during the period in question. > Still, Klayme was arrested and hit with three charges: > Luring a person under 14 years of age by means of telecommunication > Providing sexually explicit material to a child > Possession of child pornography > The case went to…

> Unless the article left something out

I'd be sus of anyone who has a kik account to begin with...

Re: A missing underscore sent innocent man to prison for 18 months

#146

Post by throw383949 »

qingcharles wrote: post #104
thephyber wrote: post #66

Earlier quoted context omitted.

It was a judge, not a jury. And yeah, the trial lawyer failed to make the case, but if the defendant couldn't raise money for a defense, they he likely didn't have any experts to refute the prosecution's evidence.

I don't know about the Canadian justice system, but it's very hard in the USA for defendants to get expert witnesses. The state is supposed to pay, but it's almost never done, and when it is they pay bottom rate for the defendant while having unlimited funds for their own experts.

Canadian justice system is under stronge pressure to bring rate of conviction up. Only 0.001% rapist end in prison and bs like that.

Some corners must be cut, to reach quotas!

Re: A missing underscore sent innocent man to prison for 18 months

#148

Post by srdjanr »

lefra wrote: post #121

This is a mistake that shouldn't happen. It means that someone commiting crimes could trivially hide and get the wrong person accused by using homoglyphs [0]. [0] https://en.wikipedia.org/wiki/Homoglyph

Only if non-ASCII characters are allowed in usernames, and generally I don't think they often are

Re: A missing underscore sent innocent man to prison for 18 months

#149

Post by dzhiurgis »

oersted wrote: post #84
gamblor956 wrote: post #77

Earlier quoted context omitted.

Unless the article left something out, the only possible evidence they had was the wrong username. It did. The evidence against him were the messages sent to the girl and the unusual username. It's not like it was John_Smith. It was fairly unique. They couldn't even find evidence that this person used Kik at the time of the crime. The lack of digital evidence is not proof of innocence. It's not proof of anything eith…

It’s not an unusual username, it is actually quite unoriginal, there are probably thousands of users with variations of the same name. It is the name of the headline magic ability in Skyrim, which is probably among the top ten most popular videogames of the last 25 years.

Wonder if there are expert witnesses in videogame niche. I have no idea what you are talking about.

Re: A missing underscore sent innocent man to prison for 18 months

#150

Post by bryanrasmussen »

gblargg wrote: post #131
anigbrowl wrote: post #89

Earlier quoted context omitted.

An unfortunate fact about the legal system is that it's much easier for lawyers to sway a jury based on emotions than facts. simply labeling someone as a child abuser and then recounting a sordid tale is enough to get most people to switch off their rational faculties completely. Another unfortunate fact is many defense attorneys start work from the premise that the client is both guilty and an idiot, accepting the f…

Why would people get jury trials if bench ones were better? Is it only when the person is innocent?

do people ever do anything that is less beneficial than an alternative?

If the system is railroading you, the judge looks like another member of the system.

If you did it but believe that a jury will decide the law is unjust then you may go for jury nullification. A judge is not going to give you that.

In the U.S you might want to push as far as you can before accepting a plea, based on the idea that the prosecutor will offer better terms the closer it comes to trial. Under these conditions jury trials are more expensive, take longer, and may offer more uncertainty. Therefore ask for jury trial if your strategy is to get improved terms for plea.

In other words, there are reasons why jury trials would be better. There are reasons why people might think that jury trials would be better. However if your thing is about realizing the evidence is a bunch of crap and the charge is something that might emotionally cause people to want to see someone suffer you might want to take a bench trial, because hopefully judges should be able to see through crap evidence.

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