Saturday, January 5, 2008

Re: [BDSM-LegalIssues] Re: New book -- good but disturbing

And in Canada the preliminary hearing standard is damn low - if there is ANY evidence that might if believed lead to a conviction then the judge is required to send the charge to trial. No balancing, no determination if the evidence is believable, etc.

S H

----- Original Message ----
From: William Serve <billserve@hotmail.com>
To: BDSM-LegalIssues@yahoogroups.com
Sent: Friday, January 4, 2008 10:47:31 PM
Subject: [BDSM-LegalIssues] Re: New book -- good but disturbing

It is important to remember that in California, the term "probable
cause" does not refer to a probability of guilt, but only to a strong
suspicion of guilt.

William

>...Well, what sort of evidence would suit you?

>How about, say, an indictment?

>You know, one of those things which the system uses to determine if
there is sufficient evidence for the case to proceed to trial.

>Or how about the proceedings of a preliminary hearing?

>In either case, "the people" (including employers) have probable cause
to believe that the crime has been committed!.. .

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