# Can two people be convicted of the same crime? **URL:** \ **Category:** Factual Questions\ **Created:** [March 26, 2010, 9:56am UTC](https://boards.straightdope.com/t/can-two-people-be-convicted-of-the-same-crime/533856 "2010-03-26T09:56:27Z")\ **Posts on this page:** 6\ **Page:** 2
**Author:** ![Markxxx](https://avatars.discourse-cdn.com/v4/letter/m/5daacb/32.png) [@Markxxx](https://boards.straightdope.com/u/Markxxx)\ **Post date:** [March 27, 2010, 9:41pm UTC](https://boards.straightdope.com/t/can-two-people-be-convicted-of-the-same-crime/533856/21 "2010-03-27T21:41:42Z")
Actually twins do not have identical DNA. It’s possible to distinguish between the two using very advanced testing. For instance a pair of twins have a gene that is 100% alike. However this particular gene may “express” itself. Researchers have found that the timing of these expressions are varied and lead to very minute differences. This also explains why with identical twins, one can have a disorder and the other not. What’s really interesting is the timing of the genes when they express themselves. Since many genes are not programmed to turn themselves on till later life, when researchers have studied older twins, they can find genetic differences much more easily than prior. For instance, if one twin has an eating disorder this may lead to her getting her period later on that the first twin. Because of the genes related to childbearing are turned on later, (they were slowed in turning on by lack of food), the twins over time will have genes that vary. This said, even if they live to be a hundred the genes shared by identical twins are so close for all purposes they are the same, but if someone wants to spend a huge amount of money looking for very tiny differences in genes they could be able to tell them apart. Especially the older they get. ---
**Author:** ![AK84](https://avatars.discourse-cdn.com/v4/letter/a/85e7bf/32.png) [@AK84](https://boards.straightdope.com/u/AK84)\ **Post date:** [March 28, 2010, 9:21am UTC](https://boards.straightdope.com/t/can-two-people-be-convicted-of-the-same-crime/533856/22 "2010-03-28T09:21:48Z")
^ Well the above is news to me. God knows how many Bar School lectures on foresics given by leading practitioners in the field which basically said; “identical twins and you are out of luck”. ---
**Author:** ![Cliffy](https://avatars.discourse-cdn.com/v4/letter/c/59ef9b/32.png) [@Cliffy](https://boards.straightdope.com/u/Cliffy)\ **Post date:** [March 28, 2010, 2:38pm UTC](https://boards.straightdope.com/t/can-two-people-be-convicted-of-the-same-crime/533856/23 "2010-03-28T14:38:05Z")
The rub is this – if one twin is involved in a crime and one isn’t, and you can’t tell which, they both walk. OTOH, if two twins committed a crime together in which someone got dead, but you don’t know which of the twins pulled the trigger, they’re both guilty of murder. Legally, it doesn’t matter which one did the deed, when they were both voluntarily involved in a criminal act which led to the death. That’s the felony murder rule, and it was created for just this situation. (Well, not necessarily the twins part, but to avoid the problem of accomplices pointing the finger at each other.) –Cliffy ---
**Author:** ![mozchron](https://avatars.discourse-cdn.com/v4/letter/m/c2a13f/32.png) [@mozchron](https://boards.straightdope.com/u/mozchron)\ **Post date:** [March 28, 2010, 3:17pm UTC](https://boards.straightdope.com/t/can-two-people-be-convicted-of-the-same-crime/533856/24 "2010-03-28T15:17:52Z")
> [@Markxxx](#): > > Actually twins do not have identical DNA. It’s possible to distinguish between the two using very advanced testing. > > For instance a pair of twins have a gene that is 100% alike. However this particular gene may “express” itself. Researchers have found that the timing of these expressions are varied and lead to very minute differences. This also explains why with identical twins, one can have a disorder and the other not. > > What’s really interesting is the timing of the genes when they express themselves. Since many genes are not programmed to turn themselves on till later life, when researchers have studied older twins, they can find genetic differences much more easily than prior. > > For instance, if one twin has an eating disorder this may lead to her getting her period later on that the first twin. > > Because of the genes related to childbearing are turned on later, (they were slowed in turning on by lack of food), the twins over time will have genes that vary. > > This said, even if they live to be a hundred the genes shared by identical twins are so close for all purposes they are the same, but if someone wants to spend a huge amount of money looking for very tiny differences in genes they could be able to tell them apart. Especially the older they get. You are technically correct, but wrong for all practical purposes. Identical twins have identical DNA sequences. However, the various DNA bases can be modified to affect how the genes are turned on or off. This is called epigenetic regulation. ONe of the most common things that happnes is that certain nucleotides get a methyl group attached (a Carbon atom with 3 Hydrogens) - this is called DNA methylation. There are tests that can detect differences in DNA methylation. However, the pattern of methyation can change over time - i.e. its not constant, and can can be different depending on what cell type the DNA was extracted from. Ditto for other tests that examine differences in gene expression. Finally, DNA fingerprinting protocols for forensic work are standardized. No such standardization exists for these other tests. Any good attorney would get the results excluded on these points. Finally FINALLY, these tests are very expensive. So, 1. Expensive, 2. Not standardized with no precedent for legal use, and 1. Too variable Means that while identical twins have different DNA, for legal purposed they are the same. ---
**Author:** ![Elendil\_s\_Heir](https://avatars.discourse-cdn.com/v4/letter/e/7cd45c/32.png) [@Elendil\_s\_Heir](https://boards.straightdope.com/u/Elendil_s_Heir)\ **Post date:** [March 29, 2010, 3:59am UTC](https://boards.straightdope.com/t/can-two-people-be-convicted-of-the-same-crime/533856/25 "2010-03-29T03:59:02Z")
> [@t-bonham@scc.net](#): > > Under Minnesota law, if someone is killed during the commission of a felony, any and all persons who participated in the crime can be charged with murder. Including cases where the cops shoot & kill one of the criminals – the other criminals can then be charged with murder. > > Any competent prosecutor would file enough charges to make sure there was something the jury could convict on. Like murder, conspiracy to commit murder, kidnapping, assault, etc. This would be my answer. Ohio law is the same, and coconspirators are, now and then, all convicted of a murder for which only one of them was or could be the actual triggerman. ---
**Author:** ![thirdname](https://avatars.discourse-cdn.com/v4/letter/t/d07c76/32.png) [@thirdname](https://boards.straightdope.com/u/thirdname)\ **Post date:** [March 29, 2010, 4:07am UTC](https://boards.straightdope.com/t/can-two-people-be-convicted-of-the-same-crime/533856/26 "2010-03-29T04:07:02Z")
> [@tschild](#): > > A real example from Germany where they could not: > > In the early morning of 25 January 2009 and again in the early morning of 26 January, three burglars entered the KaDeWe department store in Berlin in a _Rififi_-style heist and stole what was severally reported as 4 of 5 million euro’s worth of jewelry (they had to enter two times because the loot was that heavy). > > The only usable evidence was a drop of sweat dropped by one of the burglars. DNA analysis showed it was from one of two identical twins, Hassan and Abbas O. > > But it could not be determined from which one. They went free. > > [Their comment.](http://www.bild.de/BILD/regional/berlin/fotos/aktuell/2009/04/27/kadewe/zwillinge-12107851-q,templateId=renderScaled,property=Bild,height=349.jpg) Couldn’t they just see which one was suddenly a million-plus Euros richer? [Previous page](https://boards.straightdope.com/t/can-two-people-be-convicted-of-the-same-crime/533856.md?page=1)