On 2004-08-07 09:16:00, Anonymous wrote:
""I feel it's extreme importance is in the fact that as of now, wwasp can no longer claim abuse has never been proven in a court of law."
The abuse was proven? You are saying that the court has made the statement that abuse was proven? If so, is the prosecutor taking criminal action against WWASP?
"
Standards of proof, legally, may be an issue on whether a DA will pursue criminal charges---even if you have the best DA in the world.
In a defamation suit, the burden of proof is preponderance of the evidence. Basically WWASPS had to prove that it was 51% likely, or more, that the things Sue and PURE were saying were false.
They lost their case, but all that means is that a court found that it was *at least* 50% likely that Sue and PURE were telling the truth.
The problem with taking it to criminal court is that just because there's a 50% level of proof that what Sue and PURE said was true, doesn't mean that there's a 95% level of proof that what they said was true. And 95%, or "beyond a reasonable doubt" is what you have to prove for a criminal conviction.
Then, even if you have a 95% level of proof that it happened, for criminal court you have to be able to prove not just that it happened, but who did what to whom, and when, and which laws it broke, and that the statute of limitations has not expired on it.
And if you don't have all that, then even the most honest and sincere and competent DA in the world won't take it into court and spend the money and the resources on it, because he won't be able to get a conviction.
*BUT* if someone does something bad, the statute of limitations may expire before they get caught and protect them from criminal prosecutions, but as long as what you're saying is true, you can *talk* about it forever.
It's why OJ was acquitted of criminal charges but found responsible in civil court---the burden of proof in civil court is much lower, because you're not talking about people going to jail, you're just talking about money changing hands.
Timoclea