So who gets convicted in this case?

[NuclearNed]

I've been sick for the past week, so I've had a whole lot of time at home to watch crime tv...

A man breaks into a woman's house, ties her up and rapes her. He then leaves the room and is out of sight for a while. Then he reenters the room, rapes her again, then leaves for good. During all this, the woman got a good look at the man's face. Also, there is good DNA evidence.

A while later, the man is arrested. His DNA matches that of the evidence perfectly, and also the woman is able to pick him out of a lineup.

The problem is that the man has an identical twin. Both men declare innocence. Also, neither man has a good alibi.

If all else is equal, will either man get convicted?

 

[TheFamilyMan]

Originally posted by: NuclearNed
I've been sick for the past week, so I've had a whole lot of time at home to watch crime tv...

A man breaks into a woman's house, ties her up and rapes her. He then leaves the room and is out of sight for a while. Then he reenters the room, rapes her again, then leaves for good. During all this, the woman got a good look at the man's face. Also, there is good DNA evidence.

A while later, the man is arrested. His DNA matches that of the evidence perfectly, and also the woman is able to pick him out of a lineup.

The problem is that the man has an identical twin. Both men declare innocence. Also, neither man has a good alibi.

If all else is equal, will either man get convicted?

Convict them both...your scenario states that she was raped a second time and you intone the same rapist re-entered the room. It could be logically argued that the second rape was performed by the second twin.

 

[hypn0tik]

Identical twins don't have the same DNA just as they wouldn't have the same fingerprints. I don't see what the problem is here...

 

[BurnItDwn]

Fingerprints of identical twins are very similar, but they are not the same. They could dust for fingerprints and check to see which one of the twin's fingerprints are at the place.

If they can find fingerprints, then they will be able to convict the right man.

 

[BrownTown]

Originally posted by: hypn0tik
Identical twins don't have the same DNA just as they wouldn't have the same fingerprints. I don't see what the problem is here...

FAIL

 

[Vonkhan]

Originally posted by: hypn0tik
Identical twins don't have the same DNA just as they wouldn't have the same fingerprints. I don't see what the problem is here...

problem is the OP watches too much TV instead of reading a good book

 

[BurnItDwn]

Originally posted by: hypn0tik
Identical twins don't have the same DNA just as they wouldn't have the same fingerprints. I don't see what the problem is here...

They do have the same DNA.
Identical twins are formed by the splitting of an already fertilized egg, thus, 100% absolutely identical DNA.

But you are 100% correct about the fingerprints

 

[dquan97]

the DNA of both people won't be exactly the same...there'll be some similarities, but not the same.

 

[Vette73]

Originally posted by: dquan97
the DNA of both people won't be exactly the same...there'll be some similarities, but not the same.

You fail 2.
http://www.wonderquest.com/twins-dna.htm

 

[FoBoT]

they should get some material evidence, like shoe print or clothing fibers and then check their wardrobes, both twins won't own identical clothing

 

[Vette73]

Originally posted by: FoBoT
they should get some material evidence, like shoe print or clothing fibers and then check their wardrobes, both twins won't own identical clothing

Say they are both monks and do have the same clothes then what?

 

[hypn0tik]

Originally posted by: BrownTown

Originally posted by: hypn0tik
Identical twins don't have the same DNA just as they wouldn't have the same fingerprints. I don't see what the problem is here...

FAIL

Guess I did fail.

http://ask.yahoo.com/20010213.html

A search on "identical twins DNA" led us into a fascinating world of genetics, cloning, and the old nature vs nurture debate.

As we soon learned, identical twins, formed when one fertilized egg splits, are the only people in the world with identical DNA. Fraternal twins, on the other hand, are formed when two different eggs are fertilized. Genetically speaking, fraternal twins are no closer than normal siblings, sharing only about 50% of their genes.

Although identical twins have the same genotype, or DNA, they have different phenotypes, meaning that the same DNA is expressed in different ways.

Traits determined by phenotype, such as fingerprints and physical appearance, are the result of "the interaction of the individual?s genes and the developmental environment in the uterus." Thus, a DNA test can't determine the difference between identical twins, while a simple fingerprint can.

 

[MrDudeMan]

Originally posted by: BurnItDwn

Originally posted by: hypn0tik
Identical twins don't have the same DNA just as they wouldn't have the same fingerprints. I don't see what the problem is here...

They do have the same DNA.
Identical twins are formed by the splitting of an already fertilized egg, thus, 100% absolutely identical DNA.

But you are 100% correct about the fingerprints

:thumbsup:

 

[BurnItDwn]

Originally posted by: dquan97
the DNA of both people won't be exactly the same...there'll be some similarities, but not the same.

No, fraternal twins will be similar, just like with all brothers/sisters that have the same parents, but identical twins are defined as coming from the same fertilized egg. Meaning exactly the same DNA. 100% every single bit of DNA will be exactly the same.

 

[Vette73]

Kinda a REAL life version of the the OP is asking. See what the courts did. 2 guys, 1 baby who pays?

 

[D1gger]

I would think that without additional evidence, a good defence attorney would be able to create reasonable doubt for either one of the twins, so they would likely both walk, as no one could say with any certainty which one did it. Prosecutors would have to have another source of evidence (fibre, fingerprint, license plate, etc.) to identify the guilty party.

 

[Vic]

IRL, they'd get one of the twins to rat on the other for an immunity deal.

 

[hanoverphist]

get the pics of the scene and have the CSI guy render a facial mark that one of the twins has out of the reflection on the hubcap on the VW across the street in the reflection of a mirror on the wall. then turn it into a hi res pic from a cell phone avi. problem solved.

 

[MrDudeMan]

Originally posted by: hanoverphist
get the pics of the scene and have the CSI guy render a facial mark that one of the twins has out of the reflection on the hubcap on the VW across the street in the reflection of a mirror on the wall. then turn it into a hi res pic from a cell phone avi. problem solved.

That seems a little low-tech for CSI, but yeah that would work for sure. They would probably find a single skin cell in the sub-floor under the carpet three rooms away from the rape scene.

 

[Vette73]

Originally posted by: Vic
IRL, they'd get one of the twins to rat on the other for an immunity deal.

Ok they both point the finger, who gets the deal now?

 

[Alistar7]

Make both men have sex with the woman, she should be able to tell, if not just a good day for her and them.....

 

[PingSpike]

The case would never go to trial. AFAIK, each case has to be tried individually. Reasonable doubt could easily be shown in each case. Our justice system assumes innocence, so whoever did it will go free.

This is why you should never mess with identical twins! Not only can one hold you while the other hits you, but they are immune to the law!

 

[NuclearNed]

Originally posted by: TheFamilyMan

Originally posted by: NuclearNed
<snip>

Convict them both...your scenario states that she was raped a second time and you intone the same rapist re-entered the room. It could be logically argued that the second rape was performed by the second twin.

I doubt the justice system in its current form will allow both to be convicted.

One of the men is definitely a criminal.
Both of the men may be criminals.
One of the men may be innocent.

 

[NuclearNed]

Originally posted by: FoBoT
they should get some material evidence, like shoe print or clothing fibers and then check their wardrobes, both twins won't own identical clothing

But what if this type of evidence can't be found?