Gregg has an interesting discussion going on about illegal immigration, and one of the problems is that so many people don;t understand the differing levels of proof. Here is something that I cobbled together, and hope that it will fit as formatted:
Presumption of innocence only exists in the courtroom. The State is allowed to proceed on the basis of probable cause, which is enough to get you into the court. I try to demonstrate it graphically using the jury bar, and I will try to do it here starting with unknown and going to known. This is not strictly linear, except that preponderance of the evidence is considered to be 50% plus a smidge.
--- Total Unknown Don't know, never can know.
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--- Particularized suspicion, Enough for a cop to ask for your ID, look into something that could be suspicious.
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--- Probable Cause, enough to arrest, get into court. All that the state has proven prior to trial
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--- Preponderance of the evidence - more likely than not. Enough to take your money
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--- Clear and Convincing - Amount of evidence for DPHHS to take your kids away.
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--- Beyond a reasonable doubt - Enough to take your freedom, or your life in a capital case.
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--- Total known No question, no doubt, no way, no how.
2 comments:
Clear and Convincing: "...or award punitive damages."
Thanks Steve!
Oh yeah, I forgot about that one.
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