RE: [BDSM-LegalIssues] Re: New book -- good but disturbing
> -----Original Message-----
> From: William Serve
> Sent: Friday, January 04, 2008 10:48 PM
> 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.
That's pretty much the norm. However, once the court process begins (either
with the indictment or the prelim), that strong suspicion must be backed
with evidence.
Of course, the evidence might not be (and frequently is not) compelling, but
it must exist, and that's what Cadenas was suggesting should be used for
personnel decisions.
> 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!..
Malc.
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