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View Diary: NO! Pandering to the Rape Culture. (264 comments)

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  •  No (0+ / 0-)

    Sorry, but this is just plain wrong:

    There are different standards for achieving a conviction for different types of crimes
    All crimes must be proven by the prosecution beyond a reasonable doubt and there is no such thing as a "Civil crime." In EVERY criminal case, there is a presumption of innocence going into the start of it. Every one.
    •  There is a such thing as civil law. (0+ / 0-)

      If you don't believe civil law exists, what the heck do you think OJ Simpson was convicted in after being acquitted in his criminal trial?  Civil law concerns conflicts between individuals - things like tort, breach of contract, etc.  The legal standard for civil law is generally a mere presumption of innocence and not "beyond a reasonable doubt".  On the other hand, capital crimes often have higher standards than "beyond a reasonable doubt".

      This isn't some radical concept here.  In fact, even presumption of innocence isn't even maintained in some first-world states in rape cases.  For example, in the UK, the prosecution has the burden of evidence to show that the sexual act took place under the details specied, but under some circumstances where consent would appear highly unlikely in such circumstances, after that's been established, the burden can be on the accused to show that the act was consensual.

      •  I didn't say there was no such thing as civil law (0+ / 0-)

        There's no such thing as "Civil crimes."  
        O.J. was never convicted of anything. He was found liable for damages to Fred Goldman in a cilv case. There's no determination of "innocence of guilt" in a civil case, only liability and no, there's no higher criminal burden of proof. It's always "beyond a reasonable doubt" in a criminal case, be it for murder, rape or trespass.

        I honestly don't care what the U.K. standard is, since my concern was U.S. criminal law. The U.K. has a lot of features in its legal system that I don't think are good ideas.

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