The following facts were established during a criminal trial:
- The victim was the owner of U-Store-It, a 24-hour-access storage facility.
- The victim was found dead at 4:00 a.m. on December 15.
- A security camera showed Defendant at the storage facility at 1:00 a.m on December 15.
- The victim and Defendant knew each other and were friends.
- The victim had borrowed $500 from Defendant.
- At 10:30 a.m. on December 15, Defendant deposited $500 in his checking account.
- An autopsy showed that the victim died six hours before he was found dead.
What factual deduction can Defendant's counsel use to argue that Defendant is not guilty?
A)That the victim died at 10:00 p.m. on December 14, three hours before Defendant was at the storage facility.
B)That none of the evidence shows that the $500 deposit was related to the debt owed by the victim to Defendant.
C)That Defendant stole the $500 from the office of the storage facility.
D)That the victim had borrowed the $500 from a friend.

Question

Quizplus · Accepted Answer

That the victim died at 10:00 p.m. on December 14, three hours before Defendant was at the storage facility. Answer A is correct because it would allow the attorney to argue that Defendant was not at the storage facility at the time the victim died. Answer B is not correct because, even if true, it is circumstantial, and because the time-of-death argument is stronger. Answer C is not correct because it would not have any direct effect on Defendant's guilt, and might tend to support guilt. Answer D is not correct because it is more likely to support guilt (when combined with other facts).

The Following Facts Were Established During a Criminal Trial