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Going with what I think the original premise is, i.e. there is no other evidence, then both twins would be set free.
It is apart of our jurisprudence that it is better for a guilty man to go free than an innocent man to go to jail.
In this case, the principle applied would be "reasonable doubt".
But in reality, there is always other evidence to use.
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"Of all tyrannies, a tyranny exercised for the good of its victims may be the most oppressive. It may be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end, for they do so with the approval of their own conscience." – C. S. Lewis
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