Quote:
Originally Posted by Pocket$ $traight
Let's hope you don't get accused of something and face 12 jurors like you. If you do, I will send you a toothbrush and some underwear.
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You're missing the point.
Edit: What I am talking about is that we require different burdens of proof in different situations and contexts. And we all do this, including you, every day.
Looking at legal cases:
In criminal cases the burden of proof is
beyond a reasonable doubt. This is the very highest burden of proof and it belongs here due to the life-long (or life-ending) consequences of the outcome.
In civil cases (the majority of legal cases people are asked to sit on juries for) the burden of proof is lower. Often simply a
Preponderance of the Evidence or
Clear and Convincing Evidence.
We do this in our everyday life as well. The more dangerous or risky a possible situation is, likely, the lower our burden of proof becomes before we decide it's a bad idea. For instance, based on Big Ben's history to date, no Child Placement Agency worth their salt is ever going to approve this dunderhead as a licensed foster or adoptive home for teenage girls.
Smoking cigarettes has not ever been found to cause cancer and heart disease
beyond a reasonable doubt but I seriously doubt you'd tell your teenage son to smoke because this high burden of proof hasn't been met.
If I was on a jury I'd judge the situation and weigh the evidence based on the burden of proof required for the type of case. But, don't worry, I always get sent home early in any jury selection process because of my profession.
So, is Big Ben guilty of a criminal offense? No. No charge is being brought. Read up on sexual assault cases or talk to local DAs and they can tell you why these are very challenging cases, especially in this media age of C.S.I. fandom, to try.
Is Big Ben a rapist if applying common sense and the evidence we have heard? To me, yes. If that bothers you, that's your problem.