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When Investigators Stumble: Reasonable Doubt and the Lack of Evidence

When the prosecution decides not to use a readily available and superior method of proof to link the defendant with the criminal activity, the defendant should be able to comment on the absence of such evidence. If the jury sees the investigation as unreasonable and can reasonably infer that the missing evidence might have been exculpatory, then defense counsel has a solid investigative omission defense.

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