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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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XDownwiththissortofthingX · 16/10/2024 10:08

DalRiata · 15/10/2024 14:19

How are people up on a murder charge allowed to refuse such a thing? Bloody hold the evil creature down and take them! Disgusting to think of her 'rights' being respected like that. I feel revolted by our legal system.

You are "revolted" by a legal system that treats innocent people as innocent until such point they are convicted?

DalRiata · 16/10/2024 10:32

XDownwiththissortofthingX · 16/10/2024 10:08

You are "revolted" by a legal system that treats innocent people as innocent until such point they are convicted?

You think she's innocent? Wow.

Coruscations · 16/10/2024 10:33

DalRiata · 16/10/2024 10:32

You think she's innocent? Wow.

Way to go with deliberate misinterpretation of what @XDownwiththissortofthingX said.

OneTooFree · 16/10/2024 10:35

DalRiata · 16/10/2024 10:32

You think she's innocent? Wow.

That's not what she's saying.
The legal system treats those charged as innocent until proven guilty.
That's what she's pointing out, not that she thinks they're innocent.

Coruscations · 16/10/2024 10:41

We have to have a presumption of innocence. Look how many known serious miscarriages of justice there have been. If it went the other way and we presumed guilt just because the police have arrested someone, the number of innocent people in prison would rise exponentially.

XDownwiththissortofthingX · 16/10/2024 10:44

DalRiata · 16/10/2024 10:32

You think she's innocent? Wow.

I don't "think" she is innocent, and what I think is irrelevant anyway.

She literally is innocent, until such time she's convicted.

hotpotlover · 16/10/2024 10:52

XDownwiththissortofthingX · 16/10/2024 10:44

I don't "think" she is innocent, and what I think is irrelevant anyway.

She literally is innocent, until such time she's convicted.

It still surprises me that she can refuse to give teeth impressions.

Suspects usually aren't allowed to refuse fingerprints or DNA samples to compare with evidence found at the crime scene.

So why is this different here?

DalRiata · 16/10/2024 10:55

My original point - which was pounced on - was that I don't think she should be allowed to refuse to give dental imprints in a case as serious as this. That child had adult bite marks on the inside of her thighs and the other two adults in the home have been ruled out in terms of being a match. It IS revolting that she is allowed to refuse and they should be taken from her by force. A child is dead by torture. We dont know specifically who did what exactly but no adults in that household are innocent. I undestand your point in terms of the legal system but you come across as deliberately being obtuse and perverse.

Coruscations · 16/10/2024 11:05

hotpotlover · 16/10/2024 10:52

It still surprises me that she can refuse to give teeth impressions.

Suspects usually aren't allowed to refuse fingerprints or DNA samples to compare with evidence found at the crime scene.

So why is this different here?

My understanding is that it's down to basic bodily autonomy. If we give the police power to take invasive samples without consent it's a power that could be badly abused. Where does it stop? If the authorities can take teeth impressions whenever they feel like it, what's to stop them deciding they want intimate samples every time they want to intimidate someone?

hotpotlover · 16/10/2024 11:09

Coruscations · 16/10/2024 11:05

My understanding is that it's down to basic bodily autonomy. If we give the police power to take invasive samples without consent it's a power that could be badly abused. Where does it stop? If the authorities can take teeth impressions whenever they feel like it, what's to stop them deciding they want intimate samples every time they want to intimidate someone?

Edited

I don't care - I would happily push her face into the mould.

You're making a good argument, but I feel very emotional about this case (as I'm sure we all do).

XDownwiththissortofthingX · 16/10/2024 11:19

Can just imagine the scene -

"hi love, what did you get up to at work today?"

"Oh, you know, the usual, beating confessions out of innocent people, assaulting people in front of their solicitor in order to acquire dental impressions"

Yup, can't foresee any problems there.

XDownwiththissortofthingX · 16/10/2024 11:28

hotpotlover · 16/10/2024 10:52

It still surprises me that she can refuse to give teeth impressions.

Suspects usually aren't allowed to refuse fingerprints or DNA samples to compare with evidence found at the crime scene.

So why is this different here?

The police have the right to fingerprint you, take a DNA sample, and swab your hands after arrest. That's the limit of their automatic powers.

If they want a dental impression, they have to secure written permission from the person they've arrested, have a senior officer the rank of Inspector or above authorise it, and have a dentist carry it out.

In this particular case they couldn't do that because the woman in question refused permission, as is her right.

OctoberOctopus · 16/10/2024 11:40

DalRiata · 16/10/2024 10:55

My original point - which was pounced on - was that I don't think she should be allowed to refuse to give dental imprints in a case as serious as this. That child had adult bite marks on the inside of her thighs and the other two adults in the home have been ruled out in terms of being a match. It IS revolting that she is allowed to refuse and they should be taken from her by force. A child is dead by torture. We dont know specifically who did what exactly but no adults in that household are innocent. I undestand your point in terms of the legal system but you come across as deliberately being obtuse and perverse.

Perhaps if she refuses then it should be taken that she did the biting. Otherwise why not rule yourself out.

SeniorMamma · 16/10/2024 11:45

XDownwiththissortofthingX · 16/10/2024 11:28

The police have the right to fingerprint you, take a DNA sample, and swab your hands after arrest. That's the limit of their automatic powers.

If they want a dental impression, they have to secure written permission from the person they've arrested, have a senior officer the rank of Inspector or above authorise it, and have a dentist carry it out.

In this particular case they couldn't do that because the woman in question refused permission, as is her right.

Shame it's her right. Wondering why? Is it seen as invasive? How about swabbing someone's mouth for a DNA sample surely that too is invasive.

I am very surprised people are open allowed to say that these monsters are guilty, the threads about the young man who stabbed the school girls in the summer was pulled for less speculation. Does anyone know hy the is allowed to stand? It could influence the jury, right?

Allofthelightsss · 16/10/2024 11:52

OctoberOctopus · 16/10/2024 11:40

Perhaps if she refuses then it should be taken that she did the biting. Otherwise why not rule yourself out.

Maybe it will be mentioned in court that the male defendants weren’t a match and the female defendant refused to provide a mould of her teeth.

It is obvious why she is refusing.

DalRiata · 16/10/2024 12:11

I wonder if the woman could be charged with perverting the court of justice for her refusal to comply. I hope so.

MulinoDarco · 16/10/2024 12:24

Coruscations · 16/10/2024 10:41

We have to have a presumption of innocence. Look how many known serious miscarriages of justice there have been. If it went the other way and we presumed guilt just because the police have arrested someone, the number of innocent people in prison would rise exponentially.

There are many situations where the arrested have overwhelming evidence against them and strong motivator. In those cases collection of more evidence, provided it doesn't harm the suspect, should be legal. Opening her bloody mouth for a minute won't harm her, therefore should be allowed. But criminal lawyers here may differ.

Peonies007 · 16/10/2024 12:33

MulinoDarco · 16/10/2024 12:24

There are many situations where the arrested have overwhelming evidence against them and strong motivator. In those cases collection of more evidence, provided it doesn't harm the suspect, should be legal. Opening her bloody mouth for a minute won't harm her, therefore should be allowed. But criminal lawyers here may differ.

Not everyone can do dental impressions. I had lots of dental work. One thing I struggled with was definitely glue for it. It just made me gag. I can't tell you the amount of times I vomited at the six times I had to try.
if she just straight refused, we can draw conclusions as to why.

Wellingtonspie · 16/10/2024 12:40

Peonies007 · 16/10/2024 12:33

Not everyone can do dental impressions. I had lots of dental work. One thing I struggled with was definitely glue for it. It just made me gag. I can't tell you the amount of times I vomited at the six times I had to try.
if she just straight refused, we can draw conclusions as to why.

I get told off when doing dental X-rays that I am not biting down hard enough? I can’t bite down any harder it hurts so so bad to even be at the point where the dentist sighs and gives in to do the X-rays at that point.

Peonies007 · 16/10/2024 12:44

Wellingtonspie · 16/10/2024 12:40

I get told off when doing dental X-rays that I am not biting down hard enough? I can’t bite down any harder it hurts so so bad to even be at the point where the dentist sighs and gives in to do the X-rays at that point.

Oh yes, dental xrays are also uncomfortable.

SeniorMamma · 16/10/2024 12:48

Peonies007 · 16/10/2024 12:33

Not everyone can do dental impressions. I had lots of dental work. One thing I struggled with was definitely glue for it. It just made me gag. I can't tell you the amount of times I vomited at the six times I had to try.
if she just straight refused, we can draw conclusions as to why.

Many people have a strong gag reflex, we have to manage, dentist visits are not fun but needs must. This woman is on trial for the sadistic abuse of a 10 year old girl. She has allegedly supplied hand made plastic hoods to torture a little girl. She shouldn't be allowed to deny this request. Oh but her human rights and dignity.

XDownwiththissortofthingX · 16/10/2024 12:52

OctoberOctopus · 16/10/2024 11:40

Perhaps if she refuses then it should be taken that she did the biting. Otherwise why not rule yourself out.

Because that's presumption of guilt, and completely at odds with presumption of innocence which underpins our legal system.

The police caution read to you before you are charged warns “You do not have to say anything. But, it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”

This would also be the case with refusal to provide a sample. It's not a tacit admission of guilt, but the fact you refused to grant permission will almost certainly be brought up by the prosecution, as the implication is that you refused to do so because you knew it would incriminate you.

Peonies007 · 16/10/2024 12:53

SeniorMamma · 16/10/2024 12:48

Many people have a strong gag reflex, we have to manage, dentist visits are not fun but needs must. This woman is on trial for the sadistic abuse of a 10 year old girl. She has allegedly supplied hand made plastic hoods to torture a little girl. She shouldn't be allowed to deny this request. Oh but her human rights and dignity.

I didn't say she should be able to deny it, but that it's possible she couldn't have done them because of gag reflex. And if she refused and the other two were clear then she is most likely culprit.

XDownwiththissortofthingX · 16/10/2024 12:54

DalRiata · 16/10/2024 12:11

I wonder if the woman could be charged with perverting the court of justice for her refusal to comply. I hope so.

No, because she hasn't done anything that attempts to pervert the course of justice. She's simply exercised her right not to permit the police to take a dental impression.

XDownwiththissortofthingX · 16/10/2024 13:02

She shouldn't be allowed to deny this request. Oh but her human rights and dignity

The law applies to everyone equally. The specifics of what this woman has alleged to have done are neither here nor there. If you are contending that the police should have the right to force compliance in this case, then you are also contending that they should have the right to force that upon anyone arrested for any reason whatsoever.

What exactly is it about people having human rights and treated with dignity that you object to?

Do you not recall what used to happen when the police were given carte blanche to deal with suspects as they saw fit?

The idea that people should be considered guilty as soon as they are placed under arrest appears to be a fairly widely held one on Mumsnet, and I'm sorry, but that is completely barking mad.

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