Harvard Students Slam Law Professors’ Claim Of Policy Bias Against Accused Rapists

Harvard Students Slam Law Professors’ Claim Of Policy Bias Against Accused Rapists – http://huff.to/1w9vguP

What should be done is to take police away from regulating gardening, which is ridiculous, and have them handling serious crimes instead.

Putting the onus on universities is idiotic and leads to the universities pressuring women to follow their internal process instead of filing charges.

Such an internal process of a university is incapable of adjudicating any serious non-academic issue and it’s a fool’s errand to even try.

The policy should be, call the police. Make it a law even. 

One can’t have any faith in an academic committee converted to kangeroo court regardless of outcome.  It guarantees that justice will not be done because justice is a process, not a verdict.  Take out forensics, video tape to show comings and goings, warrants for information to verify chronologies, and almost everything else, and you’re left with demeanor and eyewitness evidence, both of which are often unreliable.

To paraphrase a famous Canadian case, Farnya v Chorney I think, if demeanor is what counts, then the case goes to whoever is the better actor in the witness box.

On the other hand it will often be the case that a witness does not make a good impression, but it can be seen that the witness’ version is more consistent with the known facts.

So what is important is looking at which explanation is more consistent with facts rather than who is glib.

I agree with that reasoning.

So what happens then if you remove all of those facts that would be used to test the testimony?

Tossing a coin would be as fair.

Then there is the issue of remedy.

So the guilty will get a comparative slap on the wrist if they lose, while the innocent are at greater risk because of a complete absence of due process, or any process, and may suffer lasting damage to their reputations.

Criminal matters belong in criminal court.  The resources are available, they’re just too often being misdirected into pointless activity.  

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