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Subject: Re: List is NOT a Crafty clone, ... etc

Author: David Dahlem

Date: 09:21:19 08/22/04

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On August 22, 2004 at 10:54:04, Robert Hyatt wrote:

>On August 22, 2004 at 01:46:15, David Dahlem wrote:
>
>>On August 22, 2004 at 00:12:29, Robert Hyatt wrote:
>>
>>>On August 21, 2004 at 23:03:25, Mike Byrne wrote:
>>>
>>>>On August 21, 2004 at 22:49:23, Russell Reagan wrote:
>>>>
>>>>>On August 21, 2004 at 21:18:52, Uri Blass wrote:
>>>>>
>>>>>>I do not believe that everything in the newspaper is correct(I know that there
>>>>>>are cases when there is even contradiction between different newspapers) but if
>>>>>>a big newspaper publish really bad things against sombody(and I am not talking
>>>>>>about every mistake in details about him but about accusation of something that
>>>>>>he is not quilty) then I expect the person to do something against the newspaper
>>>>>>if the claim of the newspaper is a lie.
>>>>>
>>>>>Your expectations have no bearing on the innocence or guilt of another person in
>>>>>a single instance.
>>>>>
>>>>>You are using a probabilistic argument which doesn't hold up for a single
>>>>>instance. Even if innocent people usually defend themselves more often than not
>>>>>(I don't know if this is true or not), that doesn't mean that if one person does
>>>>>not defend against one accusation that the person is more likely to be guilty.
>>>>>
>>>>>If you flip a coin 100 times and it lands on heads 100 times, the chance that it
>>>>>will land on tails the next time is still 50%. Past events don't change the
>>>>>probabilities for future events. Whether he chooses to defend himself publicly
>>>>>or not doesn't change the chance that he cheated. He either did or he didn't,
>>>>>and none of us know the truth. Unless you have some evidence to present, you are
>>>>>just speculating.
>>>>>
>>>>>Every person was raised differently by their parents, has different values,
>>>>>different life circumstances, a different culture, and so on. His reason for not
>>>>>releasing his source code could be almost anything. Just becuase you would have
>>>>>released your source code if you were innocent doesn't mean that everyone else
>>>>>would do the same thing if they were innocent. Maybe he just doesn't care what a
>>>>>bunch of computer chess nerds think about something they don't know anything
>>>>>about :-)
>>>>
>>>>I was going to reply to Uri- but you actually said it much better and in more
>>>>depth - a denial or lack of denial has no bearing on guilt or innocence.  in
>>>>fact, how often have we seen denials that later turned to be false.  Also what
>>>>"big newspaper publish really bad things " about Reul - none as far I know.
>>>>
>>>>I find it odd ( and interesting) that someone would actually attribute more
>>>>guilt (in their eyes) due to lack of denial.  It runs along the same lines as
>>>>attributing guilt to a defendant that refuses to testify in case against
>>>>himself.  Clearly applying his own "code of conduct" to others ,where it may
>>>>have absolutly no relevancy.
>>>
>>>Actually, when a defendent does _not_ take the stand in his own defense, that
>>>tends to put the jury on notice that there is something in his background that
>>>he wants to keep out of the trial.  It does influence the result and defense
>>>attorneys only use that tactic when the potential damage is worse than keeping
>>>the defendent off the stand and biasing the jury against him.
>>>
>>>It _is_ strange that he did not respond.  It is contrary to human nature to not
>>>respond to accusations when they are really false and damaging...
>>
>>Contrary to human nature or not, just because a person doesn't respond to
>>accusations says absolutely nothing about guilt or innocence. All humans are,
>>fortunately, not the same. :-)
>>
>>Regards
>>Dave
>
>
>it doesn't say anything direct about guilt or innocence, I would agree.
>
>But it a courtroom, the "perception" of guilt or innocence is a significant part
>of the trial.  Does a witness appear to be nervous about some answers.  Is he
>evasive?  None of those _directly_ prove guilt or innocence.  But all of those
>are considered in the jury room.  From experience.

Yes, i agree completely with this, but you were previously talking about judging
a defendant based on his not taking the stand. This is completely different from
judging whether a witness is credible. :-)

Regards
Dave



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