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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsReasonable doubt.
If you go to bed at night with the moon and stars shining brightly and wake to a clear blue sky but the entire subdivision is soaking wet with puddles along all the streets would it be reasonable to doubt that it rained even though you did not see it rain, were not awakened by thunder and have no direct evidence of a storm?
That's what we have with Kavanaugh; the notes written in his yearbook, the books he and Mark Judge wrote about their high school years of drunken debauchery, commentary from professors and contemporaries at Yale, his cover for Judge Kozinski who resigned the bench over sexual harassment and a 35 year old claim of sexual assault.
I personally cannot construct reasonable doubt from all this.
mainstreetonce
(4,178 posts)A Senator can vote no for any reason.
This is not a jury voting to convict.
Nevilledog
(51,116 posts)dalton99a
(81,514 posts)Fred Sanders
(23,946 posts)required for such a "serious crime"...forgetting to mention this not a criminal trial, or that instant guilty pleas on accusation is not the way it works, but it is a trial of character and the standard of proof is beyond reproach.
Kavanaugh has been reproached.
Xipe Totec
(43,890 posts)Otherwise it is a hung jury and the trial can be repeated over and over again.
Fred Sanders
(23,946 posts)Xipe Totec
(43,890 posts)Evergreen Emerald
(13,069 posts)At least that is what the jury instructions say in WA.
lunatica
(53,410 posts)Not when Kavanaugh went from it never happened to he cant remember. Which was it because it cant be both.
People act like men would just never do such things, except there are thousands of women who have been assaulted and raped. Maybe millions. Are they all lying?
dalton99a
(81,514 posts)Eyeball_Kid
(7,432 posts)Other benchmarks are "clear and convincing" (civil trials) and "preponderance of evidence" (civil investigations). The theoretical standard of proof markers are roughly 95% for criminal trials, around 80-85% for civil trials, and 51% for civil investigations. That's what I recall from my investigator days.
The likely standard of proof for the Kavanaugh vetting will not be "reasonable doubt", since the framing is non-criminal. BUT.. if Kavanaugh admits to Blasey's allegation, he WILL be exposed to the Maryland state law that has no statute of limitations.
Fred Sanders
(23,946 posts)there is a criminal investigation beforehand before the standard of proof can possibly be met..something Republicans do not want to do!
.....
That it is better 100 guilty Persons should escape than that one innocent Person should suffer, is a Maxim that has been long and generally approved.
ATTRIBUTION: BENJAMIN FRANKLIN, letter to Benjamin Vaughan, March 14, 1785.The Writings of Benjamin Franklin
.....
But this is a trial of character...for a lifetime appointment to the highest court of the land...the verdict has to have 100% certainty.
Xipe Totec
(43,890 posts)Maning every juror must express a reasonable doubt. Otherwise it's a hung jury.