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- Newsgroups: misc.legal
- Path: sparky!uunet!paladin.american.edu!gatech!news.ans.net!cmcl2!panix!eck
- From: eck@panix.com (Mark Eckenwiler)
- Subject: Re: George Bush pardons criminals
- Message-ID: <1992Dec31.163924.23911@panix.com>
- Date: Thu, 31 Dec 1992 16:39:24 GMT
- References: <bhayden.725731091@teal> <1992Dec30.213641.12543@panix.com> <bhayden.725784933@teal>
- Organization: Superseding Information, Inc.
- Lines: 41
-
- In <bhayden.725784933@teal>, bhayden@teal.csn.org sez:
- >
- >So - you are faced with a situation where if Ollie's rights
- >had been respected, he would have been exonerated (or never
- >even charged) on those crimes. Instead, he is convicted on
- >unconstitutional evidence.
- >
- >You would of course have to say that in the first case he was
- >innocent. But aren't we in a strange position that we can say
- >he is "factually guilty" if his constittuional rights had been
- >violated, but "factually innocent" if the rights had been respected.
-
-
- This is a fiction of your own invention. Acquittal in the American
- criminal system is not, and never has been, a declaration of *factual*
- innocence. A verdict of not guilty cannot be read as implying
- anything more than that the government failed to establish guilt
- beyond a reasonable doubt. Thus, this notion of acquittal proving
- "factual innocence" is, to use the legal term of art, utter hogwash.
-
- There *are* legal systems -- the Scottish one, most prominently -- in
- which the jury has the choice of "guilty", "innocent", or "not proven"
- [i.e., we think he's factually guilty, but the prosecutor didn't carry
- his burden of proof]. Since the system in the US doesn't work that
- way, acquittals here only tell one about the jury determination of
- *legal* guilt, but nothing about factual guilt.
-
-
- >I am uncomfortable with the idea that he would be legally considered
- >in a lesser position if the conviction was obtained using
- >unconstitutionally acquired evidence, than if his rights had
- >been respected in the first place.
-
- What do you mean by "legally considered"? Can you grasp the concept
- that we're decidedly not talking about legal status, but rather about
- factual events?
-
- --
- They told me you had gone totally insane, and that your methods were unsound.
-
- Mark Eckenwiler eck@panix.com ...!cmcl2!panix!eck
-