Thursday, July 07, 2011

"Not proven"

Alan Dershowitz explains here why the system worked in the Casey Anthony trial. "In a murder trial, the state, with all of its power, accuses an individual of being the perpetrator of a dastardly act against a victim. The state must prove that accusation by admissible evidence and beyond a reasonable doubt."

"Even if it is "likely" or "probable" that a defendant committed the murder, he must be acquitted, because neither likely nor probable satisfies the daunting standard of proof beyond a reasonable doubt."

"A civil trial, on the other hand, seeks justice for the victim. In such a case, the victim sues the alleged perpetrator and need only prove liability by a preponderance of the evidence. In other words, if it is more likely than not that a defendant was the killer, he is found liable, though he cannot be found guilty on that lesser standard."

I agree with Dershowitz that the Scottish system's verdict of "not proven" might be better than the American system's misleading term "not guilty."

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