Browsing All posts tagged under »burden of proof«

Is the Horror of False Accusation More Urgent and Credible when Harvard Law Prof Alan Dershowitz Describes It?

January 22, 2015

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From “A Nightmare of False Accusation That Could Happen to You” by Alan M. Dershowitz (The Wall Street Journal, Jan. 14, 2015): Imagine the following situation: You’re a 76-year-old man, happily married for nearly 30 years, with three children and two grandchildren. You’ve recently retired after 50 years of teaching at Harvard Law School. You […]

A Legislated License to Lie: Nothing CAN’T Be Falsely Alleged on a Restraining Order

May 12, 2014

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Battery, rape, child molestation—any heinous allegation imaginable can be made in a petition for a restraining order, and it can be made falsely without consequence to the accuser. Victims of false allegations often ask incredulously, “Can somebody say that?” There’s nothing that can’t be alleged to the courts (or, for that matter, to the police). […]

No Proof Necessary: Why Restraining Orders Are Abused and Why Restraining Orders Exist

May 1, 2014

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The previous post addressed American standards of evidence and observed that with a single exception, the standard that’s applied to restraining order adjudications, “preponderance of the evidence,” is the least demanding. Both the award of restraining orders and their being made “permanent” are at a judge’s discretion. (One of the meanings of discretion is “freedom to […]

“American Law is Irresponsible”: The American Civil Standard of Evidence and Abuse of Restraining Orders

April 26, 2014

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“On the European continent, for the court to hold against the defendant, the judge must be convinced that the facts brought forward by the plaintiff in support of the claim are indeed true. In principle, continental law does not make a difference between civil law and criminal law […]. By contrast, U.S. law has three […]