OT: The case for due process

fivecent

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http://www.firstpost.com/india/shoc...ims-medical-reports-show-no-rape-2141485.html

I am posting this thread because, over the last year or so, I've had to reminds many dudes here to wait before they start bashing a kid who has been accused of sexual assault. An ACCUSATION is made, and immediately dudes starting post what they would do to the accused. Calling the accused beasts and degenerates and other vile names. All while knowing absolutely nothing about what really happened. If we are not careful, the above article is where we as a country are going. "Don't believe me, just watch"

Under Title IX, colleges and universities have been recently(within last few years) instructed to decide sexual assault cases using the preponderance of evidence standard. That is to say, just 51% likelihood needed for guilt. Our legal system uses the beyond a reasonable doubt standard. So a student, typically male, can be disciplined and expelled from school based on the flip of a coin. Still not convinced?

California and New York have gone one step further. Students who attend schools in Cali and NY are no longer innocent until proven guilt in sexual assault cases. Their schools now operate under affirmative consent. The person accused (typically male) must prove that he received consent for every step of interaction and that consent was not withdrawn. Now how would you prove that since it illegal to tape someone without their consent and they probably won't have *** with you if you ask to tape them? Well even the people who introduced the bill said that they didn't know. Thankfully there is Dave Chappelle
[video=youtube;Jo4568PIRnk]https://www.youtube.com/watch?v=Jo4568PIRnk[/video]

Well all this is just for schools right? In the US, for now, the answer is yes. Not so in Britain, where they are instructing police to follow affirmative consent. Though I'm sure how that applies to actual court ruling. http://www.dailymail.co.uk/news/art...cts-using-social-media-help-cover-tracks.html

Yes, we need to protect the women in our lives, but not at the expense of due process. If we continue down this road, it will become more common to see a likely innocent man lynched like in the above article(his innocence is not official yet). Or if he is lucky, he only spends the best years of his life behind bars like Brian Banks.
 
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Start videoing all of your sexual encounters and get her consent in writing and on the video to do so.
 
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Couple of things...

Due process is a justice system tenent. Is there an amendment to the Constitution which sttes you have a right to attend University X, Y, or Z? A university can determine that Student X should be suspended and Student X can appeal, but if they want you gone, your gone. So much for "free thinking, non-judgemental college administrations." The sooner you realize it is about control, not freedom, the better you will be...

BTW, do you vote for candidates who support and defend the Rule of Law or candidates who say they will "right wrongs" via social justice crusades? Depending on your answer, you may be rightfully alarmed or your own worst enemy...
 
IMO, the accused often gets the benefit of the doubt, particularly from fans of the school at which he plays. FSU fans think jameis did no wrong, and they rushed to discredit the accuser even before anything was known--****, they outed her on message boards and taunted her mercilessly. UM fans would do the same if it was one of ours.

Fact is that false accusations of rape are rare. It happens, sure..but it happens more frequently that rapes go unreported because women fear the repercussions of what it'll mean.
 
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Hold up didn't the guys in the apartment with Winston get charged with video taping the girl?
 
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Couple of things...

Due process is a justice system tenent. Is there an amendment to the Constitution which sttes you have a right to attend University X, Y, or Z? A university can determine that Student X should be suspended and Student X can appeal, but if they want you gone, your gone. So much for "free thinking, non-judgemental college administrations." The sooner you realize it is about control, not freedom, the better you will be...

BTW, do you vote for candidates who support and defend the Rule of Law or candidates who say they will "right wrongs" via social justice crusades? Depending on your answer, you may be rightfully alarmed or your own worst enemy...

It is confined to universities now, but don't be surprised if there is a push for it to enter our legal system. As I noted, Britain has already began that push. Something being unconstitutional, doesn't seem to stop the powers that be. Debtors prisons are unconstitutional, but men who owe child support get sent to jail all the time.
 
IMO, the accused often gets the benefit of the doubt, particularly from fans of the school at which he plays. FSU fans think jameis did no wrong, and they rushed to discredit the accuser even before anything was known--****, they outed her on message boards and taunted her mercilessly. UM fans would do the same if it was one of ours.

Fact is that false accusations of rape are rare. It happens, sure..but it happens more frequently that rapes go unreported because women fear the repercussions of what it'll mean.

If the fans have something to gain, then yes, they are more hesitant to form the lynch mob. But for the average guy or athlete, the situation is the reverse. Rare, but not that rare. If it is so rare, then why have so many of the public accusations not amounted to anything. The Uva case, the chick walking around with a bed, the chick from the HBO show Girls (doubts about claims in her book), the Treon case, even the ones here at UM were plead down to much lesser charges(not indication on innocence, but still noteworthy. Even with the lower burden of proof(preponderance of evidence standard), with the country and the government watching, and a climate that would encourage conviction, not even the university could charge Winston with anything. Even one false accusation lynching is one too many. Again, we need to protect the women in our lives, but not at the expense of due process.
 
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