How is it that Spike Lee can put out a hit on George Zimmerman, and the New York Times can publish the address of Darren Wilson? Oh, and no consequences either, for publishing the address of the police officer who shot Michael Brown to death in self-defense. Now was I there? No. How do I know? Well a grand jury of 9 whites and 3 blacks who studied all the evidence and heard from every eyewitness arrived at the conclusion that there was not probable cause to return charges against Mr. Wilson in the death of Mr. Brown. I wanted to take this opportunity to cover the levels of certainty in criminal and civil cases. Reasonable suspicion is the lowest. A police officer who is suspicious of an individual may detain that individual temporarily and question the individual, but an actual arrest cannot be based on suspicion. Reasonable to believe is next. This is actually a new standard created by the Supreme Court in 2009, and pertains only to vehicle searches. An officer with reason to believe actually can do a few more things as far as vehicle searches that are normally prohibited by the fourth amendment. Probable cause is third. This standard is specific and has to withstand judicial scrutiny. There has to be a probability, based on legal conduct by officers and actual admissible evidence maintained in a strict chain of custody, that based on that evidence, a specific act was committed in violation of law. This was the standard applied by the grand jury in Missouri v. Wilson. It ranges based on jurisdiction between 30 and 51 percent probability that a crime has been committed. The evidence, including the testimony of all of the credible witnesses and all of the physical and circumstantial evidence, supported no criminal charges. This is important, folks, because if twelve grand jurors could not agree to this standard, it is good news when it comes time for the civil suit, because plaintiffs must meet a higher standard of evidence in order to shake the money tree. Some credible evidence is the next level, and this is used mainly child protective matters to protect kids and start administrative proceedings. Substantial evidence is next, and this is used in administrative hearings in matters ranging from disability to taxation. A preponderance of the credible evidence is the next level. This is where money damages pay out. You cant be imprisoned by this evidence, but they can take your house. It just means that, according to the evidence, it is more likely than not the case that such and such happened. Clear and convincing evidence is the next standard. Then comes beyond a reasonable doubt. After that is a theoretical construct called beyond the shadow of a doubt. Many legal theorists consider this an impossible standard.
Posted on: Thu, 27 Nov 2014 03:37:55 +0000
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