Re: Semantics
Monk-Eye said:
"Semantics"
My issue is with "beyond a reasonable doubt", this allows statistical morons to think.
In cases of murder where the punishment levied is a capital sentence the criteria should be proof without a doubt, meaning hard physical evidence.
The concept that the state has the burden of proof depends upon the representation. Prosecutors act as a breed of @$$hole unimaginable to the general public. Truth is set aside for victory. They view hiding the truth as their responsibility if it exhonorates the accused.
If you have ever faced by a jury, innocent, and falsely accused by a prejudicial, lying, perjuring witness, you would understand that one must prove their innocence. Juries are dumb and it is difficult to undo a lie. Few jurors are willing to hold out in principle, and needing for continuing elsewhere, to argue against the majority who vehemently want to convict the innocent over letting the guilty go free.
Heresay accusations come down to a 10 minute job interview to weigh credibility. Resume, background, and circumstantial history are not offered for consideration. Rather than divulge the past, some lawyers see the solution as a gauntlet of whimsical luck, saying as many do here - the burden is on you - prove it. Juries think that foundation is nonsense. The accuse is accused and must be guilty, if not of this crime then something. Juries are highly likely to find the person guilty for being caught in the system and needing a scapegoat, they then use the penalty to reflect their doubt.
I think you & I are on the same page here. I believe in our system of justice, beyond a reasonable doubt, except in capital cases...
There has to be more evidence to sentence to death than just 'he said-she said", circumstantial evidence. There has to be hard evidence, i.e. multiple witnesses, a verifiable confession, DNA, etc. But once that criteria is met, then I believe whole-heartedly in the death penalty... for the non-insane, the criminally insane, even the mentally retarded...
For instance, from what I read about the Scott & Laci Peterson case... the death penalty shouldn't have been given out. There was no hard evidence that he murdered her, just all circumstantial... He was a scoundrel and an a$$wipe, no doubt. I don't doubt he was the murderer, but am I 100% sure? No, and therefore, I cannot give the death penalty.
What about this guy in Florida who confessed to kidnapping, raping and killing Carlie Brucia while high? Death... easy... he confessed and it was verified...
What about the lady in Texas, Andrea Yates, who drowned her 3 sons? Death... easy... she confessed, it was verified, it was definately heinous. Who cares she's insane? She's still a murderer...
The death penalty, as it stands now, is doled out arbitrarily(sp?) by a local prosecuter with more than likely higher aspirations on his/her mind... Unless there is HARD evidence that this person perpetrated(sp?) the crime, then that person gets life...