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- Xref: sparky soc.men:23243 talk.rape:3131
- Newsgroups: soc.men,talk.rape
- Path: sparky!uunet!cs.utexas.edu!sdd.hp.com!hpscit.sc.hp.com!hplextra!hplntx!albert
- From: albert@hpl.hp.com (Joseph Albert)
- Subject: Re: Drunk Sex = Rape?
- Sender: news@hplntx.hpl.hp.com (HPL News Posting Service)
- Message-ID: <C1FBB1.KKw@hplntx.hpl.hp.com>
- Date: Mon, 25 Jan 1993 18:56:59 GMT
- References: <1993Jan23.130913.5128@aston.ac.uk> <1993Jan24.193255.24302@nmsu.edu> <1993Jan24.220955.18245@news.cs.indiana.edu>
- Organization: Hewlett-Packard Laboratories -- Database Research Group
- Lines: 42
-
- In article <1993Jan24.220955.18245@news.cs.indiana.edu> "amy lynn young-leith" <alyoung@kiwi.ucs.indiana.edu> writes:
- >
- >What has happened to "innocent until proven guilty?" You don't see
- >much of it in this country anymore.
-
- What???? Willie Kennedy smith's acquittal is a testament to the fact
- that "innocent until proven guilty" is very alive and well in this country.
-
- a number of people are trying to say that the smith case shows the opposite,
- when, instead, Smith was acquitted. The fact that alleged victim had broken
- ribs was not allowed as evidence in the case because the investigators
- collecting evidence botched the case from inexperience in investigating
- rape cases. when photographing the woman's body, to show the injuries,
- the photographers didn't know that they had to include in the photograph
- the woman's face or something to prove it was her body with the injuries.
- it could not be shown to a jury beyond reasonable doubt that Smith had
- inflicted these injuries on the woman. disallowing this evidence on
- this grounds is the essence of "innocent until proven guilty" at work.
-
- innocent until proven guilty means you acquit anyone for which there isn't
- enough evidence to believe beyond reasonable doubt that the accused is
- guilty. innocent until proven guilty has never meant that people are
- not allowed to form their own opinions about the case. it means that the
- justice system prevents people from acting on those opinions, instead leaving
- the job to a justice system that is supposed to be fair in not falsely
- convicting people of crimes.
-
- if the justice system has fault, it is in *acquitting* too many people,
- not in convicting too many. very few rape cases lead to convictions in
- this country. if we are to deal with this problem, we need to address
- this issue. this is a difficult issue exactly because of the "innocent
- until proven guilty beyond reasonable doubt" that is built in to our
- legal code. thus, for now, we are stuck with "innocent until proven guilty"
- and very low rates of conviction in rape cases.
-
- Figuring out how to increase the rate of conviction in actual rapes up to
- anything close to that of other violent crimes, without infringing on
- the "innocent until proven guilty" that has remained sacred in our legal
- system to this day is one of the important challenges facing us today.
-
- Joseph Albert
- albert@hplabs.hp.com
-