Author Topic: New German suspect in Madeleine McCann mystery disappearance.  (Read 422461 times)

0 Members and 13 Guests are viewing this topic.

Offline Davel

Re: New German suspect in Madeleine McCann mystery disappearance.
« Reply #14235 on: October 13, 2021, 08:05:48 PM »
Can any prosecutor guarantee a conviction?

Yes.. That's, why some defendants plead  guilty

Offline faithlilly

Re: New German suspect in Madeleine McCann mystery disappearance.
« Reply #14236 on: October 13, 2021, 08:40:25 PM »
Yes.. That's, why some defendants plead  guilty

Defendants plead guilty after charges are brought, not before.

What if Wolter never gains any more evidence than he allegedly has now? Do you think he will charge Bruckner anyway?

Offline Davel

Re: New German suspect in Madeleine McCann mystery disappearance.
« Reply #14237 on: October 13, 2021, 09:12:23 PM »
Defendants plead guilty after charges are brought, not before.

What if Wolter never gains any more evidence than he allegedly has now? Do you think he will charge Bruckner anyway?

Yes... And your next question will be how long before he does

Offline faithlilly

Re: New German suspect in Madeleine McCann mystery disappearance.
« Reply #14238 on: October 13, 2021, 09:18:29 PM »
Yes... And your next question will be how long before he does

It wasn’t. It was why would he lay charges if he is not assured of a conviction?

Offline Davel

Re: New German suspect in Madeleine McCann mystery disappearance.
« Reply #14239 on: October 13, 2021, 09:33:47 PM »
It wasn’t. It was why would he lay charges if he is not assured of a conviction?
Many prosecutions made sre not assured... But at this moment he feels he has thee chance to find more evidence... The body for instance

Offline jassi

Re: New German suspect in Madeleine McCann mystery disappearance.
« Reply #14240 on: October 13, 2021, 09:40:51 PM »
I wonder why he thinks there is a body to be found?

Has he discounted the possibility of it being destroyed completely?
I believe everything. And l believe nothing.
I suspect everyone. And l suspect no one.
I gather the facts, examine the clues... and before   you know it, the case is solved!"

Or maybe not -

OG have been pushed out by the Germans who have reserved all the deck chairs for the foreseeable future

Offline faithlilly

Re: New German suspect in Madeleine McCann mystery disappearance.
« Reply #14241 on: October 13, 2021, 09:47:32 PM »
Many prosecutions made sre not assured... But at this moment he feels he has thee chance to find more evidence... The body for instance

Agreed many prosecutions are not assured yet still they go ahead. However if, based on the evidence he has now, Wolter is sure that Bruckner killed Madeleine then a conviction in this case seems very assured.

Offline Davel

Re: New German suspect in Madeleine McCann mystery disappearance.
« Reply #14242 on: October 13, 2021, 09:51:19 PM »
Agreed many prosecutions are not assured yet still they go ahead. However if, based on the evidence he has now, Wolter is sure that Bruckner killed Madeleine then a conviction in this case seems very assured.
As I've said before it's possible to know someone is guilty but perhaps not be able to definitely prove it in court.. I know this from first hand experience.. Wolters has time to make his case as watertight as possible... He has mentioned double jeopardy

Offline faithlilly

Re: New German suspect in Madeleine McCann mystery disappearance.
« Reply #14243 on: October 13, 2021, 10:26:35 PM »
As I've said before it's possible to know someone is guilty but perhaps not be able to definitely prove it in court.. I know this from first hand experience.. Wolters has time to make his case as watertight as possible... He has mentioned double jeopardy

If there is evidence enough to convince a prosecutor of guilt then there is evidence enough to convince a jury.


Online Snowgirl

Re: New German suspect in Madeleine McCann mystery disappearance.
« Reply #14244 on: October 13, 2021, 10:32:55 PM »
If there is evidence enough to convince a prosecutor of guilt then there is evidence enough to convince a jury.
I agree with you generally speaking but I'm given to understand there'si no such thing as a jury trial in Germany and judges take on a more active role in court proceedings.

Offline Davel

Re: New German suspect in Madeleine McCann mystery disappearance.
« Reply #14245 on: October 13, 2021, 10:38:51 PM »
If there is evidence enough to convince a prosecutor of guilt then there is evidence enough to convince a jury.

You knowledge is poor.. There is no Jury in Germany

Offline faithlilly

Re: New German suspect in Madeleine McCann mystery disappearance.
« Reply #14246 on: October 13, 2021, 11:21:14 PM »
You knowledge is poor.. There is no Jury in Germany

Not strictly true and certainly, it appears, not in this case.

‘ Trial by jury is known, according to German law, only in criminal procedure and, further, is limited to cases which lie within the competence of a single court. This court is the Schwur- gericht. It is not specifically mentioned in the law among the ordinary courts of Germany. At the same time it does not be- long to what are known as "special courts." The law of judicial organization (Gerichtsverfassungsgesetz) provides for the erection
of Schwurgerichte "bei den Landgerichten," i.e. at the seat of,
and out of members of, the Landgerichte. These Schwurgerichte
are not permanent courts. They are constituted periodically, their session, when not expressly fixed by state law, being deter- mined by the state judicial administration (Landesjustizverwal- lung). Strictly speaking, they belong to the Landgerichte. They are, in a way, secondary organs through which a part of the activ- ity of the Landgerichte is manifested.

The Schwurgericht is composed of three learned judges and twelve laymen called to serve as jurors. The judges are appointed by the president of the Oberlandesgericht in whose jurisdiction the court is erected. One of these judges, chosen to serve as president during the single session, is selected from the associate justices of the Oberlandesgericht, or from the members of the Landgericht. The other two judges are always taken from the Landgericht. The mode of selecting the jurors is set forth below. The jurisdiction of the Schwurgericht is limited to criminal cases and
extends over all criminal cases for which the other courts are not competent. Broadly speaking, all the more serious crimes, with the exception of treason, are tried before the Schwurgericht and are therefore tried by jury.’

https://www.jstor.org/stable/pdf/2140326
« Last Edit: October 13, 2021, 11:24:49 PM by faithlilly »

Offline faithlilly

Re: New German suspect in Madeleine McCann mystery disappearance.
« Reply #14247 on: October 13, 2021, 11:27:16 PM »
I agree with you generally speaking but I'm given to understand there'si no such thing as a jury trial in Germany and judges take on a more active role in court proceedings.

To some extent that is true but I am lead to believe not in more serious criminal trials where there is a jury ( see my post to Davel below).

In a Grosse Strafkammer - a Grand Penal Chamber - deciding over severe crimes like murder, there will always be 4 laymen (Schöffen) and three judges deciding the verdict.
« Last Edit: October 14, 2021, 12:03:53 AM by faithlilly »

Offline Vertigo Swirl

Re: New German suspect in Madeleine McCann mystery disappearance.
« Reply #14248 on: October 13, 2021, 11:34:08 PM »
There was no jury in the rape case, I believe and HCW has I think said that there would be no jury in this case if it went to court.
ANGER MAKES US AWARE OF INJUSTICE
We often experience anger when we are denied rights or when faced with insults, disrespect, injustice, or exploitation. Anger serves as an internal guidance system that indicates something is not quite right, that someone has treated us unjustly or unfairly. Anger helps communicate to others: “You’d better treat me fairly; otherwise, you’ll pay a high cost.” On a global level, standing up for a lack of fairness can prevent people from taking advantage of others. This type of anger can bring about positive change in society and increase the social cost of misbehaving.
The value of anger https://www.goodtherapy.org/blog/value-of-anger-16-reasons-its-good-to-get-angry-0313175

Offline barrier

Re: New German suspect in Madeleine McCann mystery disappearance.
« Reply #14249 on: October 14, 2021, 06:00:04 AM »
I wonder why he thinks there is a body to be found?

Has he discounted the possibility of it being destroyed completely?
Trials without bodies in Germany are as rare as been teeth, besides if adult bodies such as Lamplugh,Lawrence can't be found what chance a child.