General Discussion
In reply to the discussion: Wait! Whut?! Judge's instructions to Sandusky jury (unbelieveable) [View all]AngryAmish
(25,704 posts)It may be an element of PA law that doing certain things can be considered a crime depending upon intent. For example, I touch my kids privates every day giving them baths and changing their diapers. What I do is not a crime. But if I was doing the same thing with intent for sexual gratification, then that would certainly be a crime. The jury can infer intent from the facts surrounding the touching.
The appearance of smoke without fire is just a circumstantial evidence instruction given in most every trial. In Illinois they used the analogy of if a person has an umbrella and they are wet then you can infer that it is raining (which is a terrible instruction).
If it is any consolation the jury generally ignores the instructions. Are they readig the instructions before the closing arguments?