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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 preponderance      about "decriminalizing" something.
of evidence".
                                    It always sounds like
I want to suggest that              like relaxing restrictions,
when you're not talking             but it might actually be a
about having someone                reduction of defendant's
thrown in jail, we might            rights.
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.
   Instead, people often
   seem to be arguing                Every side tries to blow smoke in the
   "If you can't convict             other direction, trying to convice that
   him you've got to                 that's where the fire is.
   elect him!"




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