Tuesday, January 8, 2008

[BDSM-LegalIssues] Re: Arrested, ALL charges dismissed, career ruined WAS: You did, didn't you,

--- In BDSM-LegalIssues@yahoogroups.com, "Malcolm Weir" <malc@...> wrote:
>
> > -----Original Message-----
> > From: Dulca
> > Sent: Monday, January 07, 2008 8:34 PM
>
> [ Snip ]
>
> > Apparently the principal was not prudent - discreet, but he
> > *did not* commit a crime. Dennis (& others if any) can
> > repeat your assertion, "An arrest IS evidence of wrongdoing",
> > but no matter how you word it, the 'suspicion' of wrongdoing
> > was insufficient, groundless, not substantiated, or just
> > plain *WRONG!* Am I blaming the police for his losing his
> > job and career? Well, they, at minimum, are partially
> > responsible, especially once he / they decided the proper
> > course was to arrest - charge! Sure he put himself at 'risk'
> > given his choices. I am not absolving him of all responsibility!
>
> Robin,
>
> You are conflating two uses of the word "evidence". One is the criminal
> justice sense, where it is part of the process of establishing legal
guilt
> or innocense.
>
> The other is the plain English language one, in which it means
"suggestive"
> or "indicative".
>
> Like it or not, the fact that the principal got arrested is
> EVIDENCE. It is not, of course, PROOF.

Um, no. You are making up a second definition where none exists.
Evidence in the judicial sense is the same as evidence in every other
sense: indicative or suggestive, as you put it.

You are glossing over the far more critical aspect: what it is
evidence of. Nobody will deny that the fact that the principal has
been arrested is valid evidence that at some point something happened
that led to that arrest.

But it is NOT evidence of *wrongdoing*. You just plain don't know what
the "something" was that happened.

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