RotBaron sorry about your brother. I know it's hard.
but if we go back to hanging like we did 100 years ago what kind of society do you want? I know we don't have a perfect criminal system, but sometimes damn, it's out of control, some guilty go free and innocent spend decades on death row only to be told sorry we made A mistake.
I know a person that went to jail because he didn't answer his phone and was released with no charges.
semp
Thank you, I appreciate that.
Beyond a reasonable doubt is the highest level of certainty and that burden of proof rests solely on the prosecution. It is often explained to juries, that few (if any) things in this world can be proven without doubt. Prosecutors usually will go to great lengths to make sure the jury understands this especially when the defense attorney(s) have spoken about burden of proof.
The prosecution usually has to fight tooth and nail during admission of evidence (what the judge decides here can significantly effect the verdict).
Getting witnesses to cooperate (appear/speak truthFULLY)is often another huge hurdle for the prosecution.
There are also other obstacles, like jury deliberation instructions. This justice system(laws) forces the prosecution to have so many hurdles so as to prevent innocent from being convicted. Imo, they get it right 99.9% of the time in murder trials, less so with lesser charges and lower burden of proof.
No, it’s not a perfect system, but there isn’t a better one in the world. The stringent burden(s) are to prevent innocent being found guilty at the sake of 10’s of thousands guilty going free.
Since having to sit through 4 murder trial for two vile tweakers, I’ve always felt everyone should sit in on a couple days of pre-trial/evidentiary hearings and a couple days of witness testimony, most people would be in absolute awe, especially when the judges orders the jury recessed for unexpected events.
The show Law & Order did a great job on the humanistic side of things for the victims, but court room scenes are just too simplified and abbreviated.