Standards of Proof

Starting in 1979 and ending in 1989, I worked in rural, mountain counties in Colorado providing social services and supervising others providing them.  Part of my duties involved the providing and supervising investigations and court related actions by the county department of social services (now called human services) on behalf of abused and neglected children.

I also spent 21.5 years managing adult convicted felons; with 16.5 of those years in supervisory positions.  All of that time, part of my duties involved researching offender’s criminal histories, and their involvement with other law enforcement agencies and the courts.

By training and experience, I became familiar with the way the legal system interprets evidence and the burden of proof.  I am not a lawyer, but I hope the following does the subject justice:

1.    Reasonable Suspicion: Enough evidence for an officer to pat search a person.

2.    Probable Cause: The amount of evidence that is needed for an officer to make an arrest or obtain a search warrant.

3.    Preponderance of Evidence: More than half the evidence points to a finding of guilt. Sufficient proof for civil cases like automobile accidents.

4.    Clear and Convincing Evidence:  The level of proof needed to terminate parental rights of some states.

5.    Beyond Reasonable Doubt:  Beyond any doubt based on reason.  The level needed in criminal cases.

https://www.bing.com/images/search?q=standards+of+proof+chart&id=355A3E659370EBDA0303CFA561327C78FF05E697&FORM=IQFRBA

There are different types of evidence, that are considered in cases of known or suspected criminal acts.  In Old Testament times, the testimony of two or three witnesses was considered conclusive. (They didn’t have the forensic tools that are available today.)  Eye witness accounts are still given weighty consideration, with the proviso that they have sometimes been inaccurate.  On the other hand, the absence of witnesses is not necessarily a reason to believe that something did not happen.  Criminal activity is not a spectator sport.

Biological evidence like DNA is currently being considered seriously in most cases.  Blood on a carpet can place the accused at the scene of a crime.  Semen taken from the body of a victim can establish sexual contact in a rape case.  Flesh from under fingernails, and even the transmission of a communicable disease can be used as evidence, as can hair samples and dander.

Fingerprints have long been used as evidence, as have footprints.  Documents and other forms of written communication (watch out Hillary), tape recordings and telephone records (with certain restrictions), and confessions of guilt can be considered in establishing guilt.  I could go on, but most people have some awareness of this subject.

In the United States, persons have the right to be presumed innocent until proven guilty.  Investigators work to gather evidence.  District Attorneys determine whether there is sufficient evidence to bring criminal charges.  Rules, ethics, and sometimes laws prevent attorneys from filing charges if, in their judgment, there is not enough evidence to support a finding of guilt.  They must, at a minimum, be able to present evidence to show that the accused was at the scene of the crime at the time the offence occurred, and that it occurred in the court’s jurisdiction.

It is the responsibility of the prosecution to prove guilt.  It is not the responsibility of the accused to prove innocence.  In the United States the accused has the right to face their accuser(s), and the right to see the evidence against them before a hearing takes place, so that they can prepare a defense.

Sometimes it seems to the honest citizen that those who are accused have too many rights.  We tend to hold that view until we are the one who stands accused.

Americans generally tend to value fair play.  Given the above, I ask you to decide for yourself whether Donald Trump and Brett Kavanaugh have been treated fairly, or their civil rights as citizens been usurped. 

A senate confirmation hearing is not a court of law.  The rules are not the same.  News reports and commentary are protected by the First Amendment and are not subject to the same legal standards as the criminal justice system.  Ask yourself, however, was there sufficient evidence for Sen. Diane Feinstein to forward to the committee charges of an alleged sexual assault that allegedly took place approximately 35 years ago?  Was there sufficient evidence for a special prosecutor to be appointed to investigate allegations that the Trump Campaign colluded with the Russians to influence the outcome of the 2016 presidential election, or that President Trump knew about it, approved it, or ordered it?

Now, ask yourself if there is sufficient evidence (probable cause) to warrant an investigation into possible legal violations by Hillary Clinton?  If the answer is “yes” then why has nothing has been done?

I for one have been disgusted by the time and money that has been wasted investigating unsupported charges for political reasons.  This while there seems to be ample evidence that Bill and Hillary Clinton have violated the law by obstructing justice, influence pedaling, malfeasance of office, criminal neglect, and manslaughter (in Bengasi).

If you are as tired as I am of the Democrats’ abuse of power, please join me at the polls next month to vote Republican.  Both sides are flawed, but the Republicans are definitely the better of the two.  This is important, folks.  If the Democrats get a majority in the U.S. House of Representatives and/or the U.S. Senate, the abuse of power that currently disgusts so many of us will get infinitely worse.  Observable evidence  shows that President Trump’s policies are improving things for all Americans.  His ability to continue to improve things will not continue if the Democrats get control of the house and/or the senate.  The responsibility for stopping the Democrats from ruining the country rests squarely on our shoulders.

Gross

When I was about nine years old, a boy my age lived across the street.  There was a Methodist church about a block and a half away, and our mothers sent us there for Sunday school.  We were baby boomers, and the class was fairly large.  They had folding chairs set up in rows, and the Sunday school teacher taught us from in front of the class.  So, naturally we sat in the back.

As we were sitting in class one day, we both started smelling something bad.  It kept getting worse.  He nudged me with his elbow and asked me if I had “pooped.”  I said “no” and asked him if he did.  He denied it, too.  Then we started razzing each other and laughing like boys do.  “It was you.”  “I didn’t do it, it was you.”

The girl sitting in front of me turned around and gave us a knowing look like, “I know what you did.”

Then I looked down at my shoe.  There was a big wad of dog poop stuck to it.  There was so much that it wrapped around the sole.  I couldn’t decide what to do?  I couldn’t ask the teacher to the leave class to clean off my shoe.  The other kids would never let me live it down.  If I asked to go to the bathroom, everyone would think I was the one who made the stink; with the same result.

Stealthily, I extended my foot and wiped my shoe off on the metal bar that connected the legs on the back of the girl’s chair.  My friend whispered “Gross.”  We choked off the laughter; elbowing and whispering until the class finally got over.  We didn’t get caught.

It is a true story.

During the last couple of weeks, senators behaved with about as much dignity and maturity as my friend and I did that day in Sunday school.  In a sickening display of dirty politics, they tried to destroy the professional and personal life of Judge Brett Kavanaugh.  It was a craven display of lust for power.  Bless him, my friend died of cancer in high school.  However, his description of the dog poop on the girl’s chair still applies quite well to the senator’s actions.  “Gross.”

There are some things to be thankful for:

1.    The hearings are over.

2.    Justice Kavanaugh was confirmed.

3.    Legislation from the bench by liberal judges will be curbed, and the constitution will be preserved and protected.

4.    The Republicans in Washington, D.C. seem united, at least temporarily, and they seem to be moving toward cooperation with President Trump.

5.    California only gets two senators.

6.    Senator Schumer’s glasses didn’t fall off the end of his nose as he sanctimoniously shook his head.

7.    And, most importantly, God answers prayer.