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STANDARDS_OF_PROOF
Saturday July 10, 2004
We're fond of the "beyond
a reasonable doubt" It is, or was, a
criminal standard of the big part of the
American justice system. American Myth:
"Twelve Angry Men"
Though there are "Perry Mason"
actually other, weaker
standards in play when
you're not talking
about criminal law, Think about that when you hear
e.g. "a perponderance about "decriminalizing" something.
of evidence".
It sounds like like a softening,
I want to suggest that but might actually be a softening
when you're not talking of defendant's rights.
about having someone
thrown in jail, we might
consider using a weaker
standard than "reasonable
doubt".
If the issue is "should that guy
get re-elected" or "does that Though, the danger with the
department deserve a funding "strong suspicion" criteria
increase", a conviction based on in identifying a conspiracy
mere personal conviction may be is that you're leaving
adequate. yourself open to manipulation
by competing cabals.
Every side tries to blow smoke in the
other direction, trying to convice that
that's where the fire is.
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