CLOSE
Original image

Double Trouble: When Identical Twins Run Into the Law

Original image

Last night, Law & Order: SVU did that “ripped from the headlines” thing where they borrow elements of real-world criminal cases or address current issues in law enforcement. The episode, “Double Strands,” revolved around a topic I've been reading a lot about lately: twins.


[Spoilers Ahead!]


The plot involves a serial rapist and his identical twin brother, who is falsely accused of the crimes. The SVU detectives eventually figured things out, but real-world police have had a lot of trouble with identical twins in several high-profile cases. DNA evidence — a tool that’s supposed to help convict the guilty and exonerate the innocent accurately and efficiently — has complicated cases where a twin or twins have been involved. This is because identical twins are the result of a single fertilized egg that formed one zygote, which then divided into two separate embryos. The siblings have nearly identical DNA, and we've yet to figure out how to discern one twin from the other using DNA analysis.

[End Spoilers]

The Headlines From Which The Story Was Ripped

One summer night in 2001, Darrin Fernandez attempted to break into an apartment in Boston’s Dorchester neighborhood. When he smashed a window to get inside, he not only alerted the person who lived in the apartment, but also cut himself deeply on the jagged glass. He fled, and police soon found him, still bleeding, as he tried to escape.

When the police analyzed DNA from the broken glass and from Fernandez, they found that he was a match for genetic material recovered in two unsolved sexual assaults cases, both of which were committed within a few blocks of the apartment Fernandez had tried to break into.

Fernandez was convicted of attempted breaking and entering at the apartment. He was also eventually convicted of one of the sexual assaults, for which there was plenty of evidence that implicated him, including the victim noticing a tattoo that his brother did not have (in the SVU episode, both twins have a similar tattoo in the same place). The police and prosecutors could not confidently put the second assault on him, though. The DNA match was the only substantive evidence that they had to go on, and it turns out that it also matched a second person: Fernandez’s identical twin brother, Damien.

There were no witnesses to the assault, no accomplices to roll, and no fingerprints at the scene. Darrin didn’t have an alibi to cover the time of the assault, but neither did Damien. The police couldn’t place either brother at the scene of the crime and the DNA that damned Darrin in another trial had only established reasonable doubt in this one. The case went to trial anyway and after four days of deliberation, there was a hung jury and a mistrial.  In a second trial several months later, the prosecution’s case rested heavily on the fact that Darrin worked as a painter near where the assault occurred, and he had the opportunity to case the neighborhood. Again, the jury was hung and a mistrial was declared.

In 2006 Fernandez went to trial a third time, and prosecutors were allowed to present for the first time evidence that he had committed four break-ins in the victim’s neighborhood within a year (and had been convicted of a similar sexual assault in one of those instances). The victim of that assault, who had not testified at the previous two trials, also took the stand this time around to highlight the similarities her attack shared with this case.

The jury returned a guilty verdict and, five years after his initial arrest, Darrin Fernandez was sentenced to 15 to 20 years on top of 10 to 15 year sentence he was already serving for the first assault.

Police and prosecutors in Grand Rapids, Michigan, may have had it even worse. In 1999, presented with DNA evidence in the rape of a college student, they couldn’t figure out which of their twin suspects to even charge with the crime.

Like the Fernandez cases, there were no witnesses and no fingerprints. To complicate matters, the suspects in this case, Tyrone and Jerome Cooper, both had records for sexual assault (Tyrone assaulted a 10-year-old girl in 1991 and Jerome a 12-year-old girl in 1998).

After hiring a biotechnology company to check some 100,000 DNA characteristics to match one twin or the other to the recovered evidence, the police came up empty. They could only tell both twins that the case would be not be forgotten and would get worked until the statute of limitations prevented prosecution.
* * *
Twins make the justice system work even harder when they’re attached to each other, literally. If a conjoined twin commits, and is convicted of, a crime, how do you punish them without also unjustly punishing their innocent sibling? Slate’s Daniel Engber and legal scholar Nick Kam have both looked at the available historic cases and suggested possible solutions to the problem.

Original image
iStock
arrow
Live Smarter
Trying to Save Money? Avoid Shopping on a Smartphone
Original image
iStock

Today, Americans do most of their shopping online—but as anyone who’s indulged in late-night retail therapy likely knows, this convenience often can come with an added cost. Trying to curb expenses, but don't want to swear off the convenience of ordering groceries in your PJs? New research shows that shopping on a desktop computer instead of a mobile phone may help you avoid making foolish purchases, according to Co. Design.

Ying Zhu, a marketing professor at the University of British Columbia-Okanagan, recently led a study to measure how touchscreen technology affects consumer behavior. Published in the Journal of Retailing and Consumer Services, her research found that people are more likely to make more frivolous, impulsive purchases if they’re shopping on their phones than if they’re facing a computer monitor.

Zhu, along with study co-author Jeffrey Meyer of Bowling Green State University, ran a series of lab experiments on student participants to observe how different electronic devices affected shoppers’ thinking styles and intentions. Their aim was to see if subjects' purchasing goals changed when it came to buying frivolous things, like chocolate or massages, or more practical things, like food or office supplies.

In one experiment, participants were randomly assigned to use a desktop or a touchscreen. Then, they were presented with an offer to purchase either a frivolous item (a $50 restaurant certificate for $30) or a useful one (a $50 grocery certificate for $30). These subjects used a three-point scale to gauge how likely they were to purchase the offer, and they also evaluated how practical or frivolous each item was. (Participants rated the restaurant certificate to be more indulgent than the grocery certificate.)

Sure enough, the researchers found that participants had "significantly higher" purchase intentions for hedonic (i.e. pleasurable) products when buying on touchscreens than on desktops, according to the study. On the flip side, participants had significantly higher purchase intentions for utilitarian (i.e. practical) products while using desktops instead of touchscreens.

"The playful and fun nature of the touchscreen enhances consumers' favor of hedonic products; while the logical and functional nature of a desktop endorses the consumers' preference for utilitarian products," Zhu explains in a press release.

The study also found that participants using touchscreen technology scored significantly higher on "experiential thinking" than subjects using desktop computers, whereas those with desktop computers demonstrated higher scores for rational thinking.

“When you’re in an experiential thinking mode, [you crave] excitement, a different experience,” Zhu explained to Co. Design. “When you’re on the desktop, with all the work emails, that interface puts you into a rational thinking style. While you’re in a rational thinking style, when you assess a product, you’ll look for something with functionality and specific uses.”

Zhu’s advice for consumers looking to conserve cash? Stow away the smartphone when you’re itching to splurge on a guilty pleasure.

[h/t Fast Company]

arrow
Animals
Elusive Butterfly Sighted in Scotland for the First Time in 133 Years

Conditions weren’t looking too promising for the white-letter hairstreak, an elusive butterfly that’s native to the UK. Threatened by habitat loss, the butterfly's numbers have dwindled by 96 percent since the 1970s, and the insect hasn’t even been spotted in Scotland since 1884. So you can imagine the surprise lepidopterists felt when a white-letter hairstreak was seen feeding in a field in Berwickshire, Scotland earlier in August, according to The Guardian.

A man named Iain Cowe noticed the butterfly and managed to capture it on camera. “It is not every day that something as special as this is found when out and about on a regular butterfly foray,” Cowe said in a statement provided by the UK's Butterfly Conservation. “It was a very ragged and worn individual found feeding on ragwort in the grassy edge of an arable field.”

The white-letter hairstreak is a small brown butterfly with a white “W”-shaped streak on the underside of its wings and a small orange spot on its hindwings. It’s not easily sighted, as it tends to spend most of its life feeding and breeding in treetops.

The butterfly’s preferred habitat is the elm tree, but an outbreak of Dutch elm disease—first noted the 1970s—forced the white-letter hairstreak to find new homes and food sources as millions of Britain's elm trees died. The threatened species has slowly spread north, and experts are now hopeful that Scotland could be a good home for the insect. (Dutch elm disease does exist in Scotland, but the nation also has a good amount of disease-resistant Wych elms.)

If a breeding colony is confirmed, the white-letter hairstreak will bump Scotland’s number of butterfly species that live and breed in the country up to 34. “We don’t have many butterfly species in Scotland so one more is very nice to have,” Paul Kirkland, director of Butterfly Conservation Scotland, said in a statement.

Prior to 1884, the only confirmed sighting of a white-letter hairstreak in Scotland was in 1859. However, the insect’s newfound presence in Scotland comes at a cost: The UK’s butterflies are moving north due to climate change, and the white-letter hairstreak’s arrival is “almost certainly due to the warming climate,” Kirkland said.

[h/t The Guardian]

SECTIONS

arrow
LIVE SMARTER
More from mental floss studios