The “Some Other Dude Did It” Defense — Infographic
Sowing the Seeds of Reasonable Doubt
One very unique and interesting strategy that can be employed by criminal defense teams while representing their client is the “SODDI” defense, aka the “Some Other Dude DiD It” defense. This tactic shifts the conversation from whether the crime happened or not to who actually committed the crime. This is often used to claim a case of “mistaken identity” but there are actually a variety of cases that this defense can be useful for. Need a Criminal Law Attorney in Boulder, Colorado? Contact Phil Clark!
A Mistaken Identity Defense
Most commonly this strategy is utilized by the defense to plant a seed of reasonable doubt among the jury by undermining the evidence, especially from witness testimony. The “Mistaken Identity” defense can be an uphill battle but can be quite effective when done well.
Undermining Evidence — That’s Someone Else’s!
The most important thing to maintain with the SODDI defense is that the crime was committed without a doubt, but not by the defendant. One common type of case this is used in is where police and investigators discover evidence in a place that is often used by multiple people, such as a residence, vehicle, or other public location. This allows the defendant to claim that the evidence was found in a common area and that someone else committed that crime. This strategy cannot be utilized in murder or assault cases where the defendant is asserting self-defense.
Witness Testimony — Target Inaccuracies
Due to how difficult it is to remember past events with perfect accuracy, the SODDI defense has been popular for discounting evidence from witness testimony. Scientific studies of human memory have been able to prove that bystanders are unable to recount events in an accurate way, easily being influenced even by the wording of the question being posed. Mistaken eyewitness identifications contributed to approximately 71% of the more than 360 wrongful convictions in the United States overturned by post-conviction DNA evidence. The reliability of witness testimony has plummeted in recent years as its credibility is compared with the new “gold standard” of DNA testing.
One study that discounted witness testimony was performed by a cognitive psychologist who studied witness memory. She showed subjects a video of a car wreck, and then asked them follow-up questions about what they’d seen. When she asked “How fast were the cars going when they hit each other?”, subjects estimated a much slower speed than when asked: “How fast were the cars going when they smashed each other?”. The study supported that the phrasing of the question can influence a subject’s memory of the car accident.
The Trojan Horse Defense – Hackers and Viruses
Now, deep into the digital age of the dark web, cryptocurrencies, and hackers, a new form of the SODDI defense has appeared. The “Trojan Horse Defense” has been put to use successfully a few times over the past 20 years, claiming that a hacker used a Trojan horse virus to commit the cyber crimes — incriminating photos on hard drives, bringing about cyber attacks on other computers, and even altering tax information. A Trojan virus is an unassuming program that has been downloaded on someone’s computer that actually contains harmful malicious software, or malware.The primary obstacle of the defense is to establish that Trojan viruses are fully capable of such crimes. However, to negate the defense, the prosecution must show that malware was, in fact, not responsible for the crimes charged in the case.
There have already been a few notable cases of a successful Trojan horse defense, in which the defense successfully argued that these programs can indeed effectively and discreetly execute malicious actions without raising the slightest awareness from users. Prosecutors try to combat the Trojan defense by arguing that the defendant had the technical computer expertise to knowingly commit the crime. It’s the duty of the defense to raise reasonable doubt among jurors and prove that the defendant’s computer was unknowingly manipulated by a third party.
What to Do If You Are or Might Be Charged with a Crime?
At The Clark Law Firm, we understand that it is vital to have an experienced and trustworthy lawyer at your side when you are facing serious criminal allegations in Boulder, Colorado, or are being accused of crimes by witness testimony, in need of Criminal Defense or Felony Defense, please be sure to contact us immediately. We will hit the ground running to make sure you have the best Boulder Attorney and legal coverage possible! You can trust us to provide the expert legal advice, guidance and dedicated defense in court that you deserve.
If you are charged with a Crime in Boulder, Colorado make sure you obtain the services of Boulder DUI Attorney Phil Clark. Phil is certified in National Highway Transportation Safety Administration standards. With his experience as a former prosecutor, Phil has the inside knowledge and skills to defend your Criminal Law case. Contact Us for a FREE Consultation. Don’t wait to protect yourself and invest in your future today!