Teri_Kanefield, 1 month ago (edited 1 month ago) I also do not know how this theory will develop. In general, with criminal cases, if you are a betting person, it's safer to bet on the prosecution. They usually win because they pick which cases to bring and they generally wait until they have a strong enough case. There are problems, though, with using novel theories in criminal cases. We have something called a Rule of Lenity https://www.law.cornell.edu/wex/rule_of_lenity That said, the rule of lenity is complicated and hard to apply. 2/
I also do not know how this theory will develop.
In general, with criminal cases, if you are a betting person, it's safer to bet on the prosecution. They usually win because they pick which cases to bring and they generally wait until they have a strong enough case.
There are problems, though, with using novel theories in criminal cases. We have something called a Rule of Lenity https://www.law.cornell.edu/wex/rule_of_lenity
That said, the rule of lenity is complicated and hard to apply.
2/