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The Detective


Aseibel

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Under the U.S. justice system, the "burden of proof" to convict someone of a crime is the highest level in the justice system "beyond reasonable doubt" at a trial. However, police do not need beyond reasonable doubt to investigate someone, nor do they need beyond reasonable doubt to arrest. There are lower levels of proof. Using a simple example of drunk driving I'll illustrate the basic three levels in a criminal case.

 

The first level is "articulable suspicion." A cop cannot simply pull someone over for the heck of it. He/she needs to be able to say "I pulled the person over because (fill in the blank)" To "articulate" equals to "say". Example: "I pulled the driver over because he was weaving." It's enough to further investigate.

 

The next level is "probable cause" which means "it's more probable than not a crime has been committed by this person". Probable cause is enough to arrest someone. But probable cause requires some evidence. Using the drunk driving scenario, examples of evidence amounting to probable cause are signs the person has been drinking (like a strong odor of alcohol on someone's breath), failing field sobriety tests (which can show impairment), and especially failing a breath test - that last one is forensic evidence.

 

But to get a criminal conviction, the police/prosecution must use then use their evidence to prove at a trial the evidence is strong enough to meet the ultimate burden of proof beyond reasonable doubt.

 

In Reflected In You, the police definitely have articulable suspicion. Gideon had a motive (so did Stanton, for that matter, which is why they're investigating him too). But Gideon also had opportunity: he owns the property where the murder happened and he was within 15 minutes walking distance at the time. Thus he had access to Nathan. Note: an alibi is the opposite of incriminating. It's known as "exculpatory". Even if a person has the opportunity to commit a crime, a solid alibi can prove the person didn't take the opportunity to do it.

 

What the police do not yet have is enough evidence for probable cause. The best evidence of all is a confession, which is almost slam dunk. As are eyewitnesses to the crime itself. Evidence not as strong but sometimes enough for probable cause is eyewitnesses placing the suspect at the scene and/or forensic evidence linking the suspect to the crime.

 

Detective Shelley Graves doesn't have probable cause yet to arrest Gideon. Gideon hasn't confessed anything to the police. There's no forensic evidence linking him to the scene (including no security tape.) No eyewitnesses placing him there around the time of the murder.

 

What's more, he's got an alibi the police haven't been able to break (though not for lack of trying). So that's exculpatory: it removes opportunity. Plus he punched a huge hole in the motive by showing he'd left Eva for Corrine well before the night of the murder. As Graves put it, "Cross cut you off, started seeing an old flame .... it wiped out Cross's motive. Why would he kill a man over a woman he'd dumped? He set that up pretty well -- he didn't tell you. You strengthened the lie with your honest reactions."

 

My theory is the police are trying to set him up to confess to Eva. It's their last shot. And if it works, the police might be able to scrape together at least probable cause Eva heard a confession. Maybe through some more "honest reactions" on her part. Like taking him back out of gratitude. Or better yet, her being so horrified he's a killer she decides to go the police herself. If they can get enough probable cause to make her go before a grand jury to testify (either voluntarily on her part or trying to force her by imposing immunity) they could get the evidence they need to arrest him.

 

One last thing: normally, she could refuse to testify before a grand jury by invoking her right against self-incrimination (the "right to silence") She can't be made to testify about someone else's crime if she could implicate herself too (such as she knew beforehand, she actually helped, or she covered up after the fact.) But with forced immunity, the prosecution gives up the ability to use anything she testifies against her own self. If she testified, they could use it against Gideon but not bring any charges against her for anything  she knew or did before, during or after the murder. If she still refuses to testify, even with forced immunity, then they can try to charge her with obstructing justice.

 

Theories, theories. But glimpses we've seen into Entwined show that Gideon is still acting like he's done with Eva (so motive is still weak) and she's acting like she didn't go back to him in gratitude he killed for her (so probable cause he confessed is weak.)

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Well, I sometime think the whole "crime" isn't as deep as we're reading into it because this is a romance story and not a crime story. And, I myself have to think of it that way because to not is to have it become a comedy in my head - kinda like it's the keystone cops on the job. I mean really, Eva's dancing at one of Gideon's club and no one knows it's him...this man had the paps on him all through BTY & RIY not to mention his own team of security which I suppose he could dismiss, but I'm sure the paps would still be on him and they're harder to shake off than the cops. I think the whole crime of passion is just to show Gideon would do anything for Eva and to up the drama. I hope it will get a backstory explaination and we'll be able to move on to more Eva & Gideon being together and working his past out.

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Hi Mrsmajessick, After I stopped rolling on the floor with laughter, I agree you have a point. This is a love story first and foremost. I think we all just love the series so much that we are beside ourselves trying to figure everything out beforehand, basically swatting flies, killing time until the next book. :)

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