Yeah, well a couple of things, fact establishment-wise.
One, the Burden of Proof is Preponderance, not beyond a reasonable doubt. And in some cases less than preponderance if trust is involved. It's that "Ceasar's Wife Thingy".
Two, the burden of proof can SHIFT from time to time. If, for instance, a person is caught in one mistruth, the jury may properly consider that all that person says may be a mistruth.
Three, the burden of proof may shift AFTER the first person brings forward or presents facts, the burden then shifts to the person to bring facts which overcome the first set of facts.
Fourth, and this is the case in the National Guard thingy, the burden of proof sometimes shifts to the person who has the best source of the facts. The President is the Commander in Chief of the armed forces, which I assume, includes the National Guard.
Let me give you a hypothectical:
I say to you, WHY were our forces at Aristede's house in the middle of the night in the first place? Do you think Cheney would be dumb enough to send them just to "help out"? Maybe looking for a good bridge game? Pick up some good Cigars? Dental appointment?
:)) |
