I want to point out, this is now quite off topic. It will become clear I see no reason to continue this, so take these responses and understand I wont be coming back to this. It's clogging the thread, and is a serious bore.
Your purist argument is true, but I don't believe one person in ten thousand would enter a courtroom as a mute defendant without a defense attorney. — ucarr
Then you do not know a whole lot about court cases.
If the defense could win their cases with simple denial, who would ever need a defense attorney? — ucarr
This is so disingenuous It's really hard to give you the time of day. I did not intimate this was the case. I did not intimate this was 'common'. I did not intimate that this was even relevant.
The answer to this clearly irrelevant question though is thus:
In almost any case that might eventually require a trial is preceded by several hearings. Probable cause, disputed facts, standing etc.. etc... all need sorting.
The Judge actually has to decide whether or not the prosecution even has a case, given the evidence they want to present at trial. If the evidence isn't good enough (depending on the type of charge, the burden of guilt (probable, reasonable doubt) etc.. etc..) the judge will simply throw out the case. A plain denial is a full response,
and a vindication in those cases.
In a situation where it's somewhat marginal (i.e several circumstantial pieces of evidence) it is not entirely unusual for a defendant to simply allow the Jury to see the prosecution evidence, confident it doesn't prove the charge, and twiddle their thumbs while the prosecution makes their case. What you've asserted is that I must think that there are no cases in which the prosecution has a good case. That is not the case. I did not intimate that.
I would urge you, as I did several times last year, to carefully read posts prior to replying. You often say things that aren't easy to reply to, because they aren't sensible in the context.
Both the prosecution and the defense make claims of fact they must prove — ucarr
No. The defence will only do this if they feel the need to offer an 'alternative theory' to the prosecutions theory that they committed the crime. If there's decent evidence to support the prosecution theory, defense needs to get into gear. Otherwise, why bother? No jury would convict. A single judge might have thought the evidence was compelling. A jury may not.
they must prove their absence from the scene of the crime over and above the prosecution's proof they were present at the scene of the crime. — ucarr
This is a clear example of you misunderstanding the basic tenets I pointed out. No, They do not need to 'prove their absence'. If the prosecution has no evidence they were there, the prosecution has no case. End of. Defense need do nothing. It's in cases, such as above, where there is
circumstantial evidence they may have been there that the defense will bother with an alibi. Even in those cases, It's entirely possible for the defendant to rely on "beyond reasonable doubt" and present nothing. Risky as fuck though, to be sure. Most attorneys/solicitors would not want to do this.
You can be confident this is correct because a prosecutor won't initiate a case lacking solid evidence proving the guilt of the defendant — ucarr
False. Cases are often thrown out because of this, or at least don't make it to trial. I would add, the types of cases you're talking about are almost always private prosecution. Those lawyers love money. That isn't the State v XXX its XX v YY. In those situations, its usually a he-said she-said. Your position would amount to every single prosecution being successful, prior to trial. Which is as ridiculous as the notion that no defense case requires evidence. Neither of us are actually pretending we think that, I'm sure.
Without being able to plausibly meet the burden of proof, the prosecution would be thwarted by simple denial. — ucarr
This is how you lose a case, as a prosecutor. Are you under the impression that all cases come with overwhelming evidence? Or that evidence of presence could somehow be rebutted once produced at trial? Neither of these things make sense, my friend. Cases require the
prosecution to meet the burden of proof. Defense does not hold this burden as they are
responding to a claim. They need prove nothing. While this is obviously not relevent the USA which may be where you're basing your claims, the quote from
this link is telling:
"As a defendant, you are not required to present evidence (see section 25(d) of the New Zealand Bill of Rights Act 1990). You are not required to prove that you are innocent; it is the prosecutor’s role to prove beyond a reasonable doubt that you are guilty of committing the offence(s) you have been charged with."
No one but a purist thinks a mute defense is sound. — ucarr
False. You are pretending I have made a claim about
all cases. Not so. And I wont take too seriously a bare assertion to the contrary. Go read some case law (this is rhetorical - you probably don't have data base access). As I said above, and you seem to have missed, Judges regularly instruct juries to make nothing of the defense producing no evidence or not testifying. This is not uncommon. This literally happens weekly, possibly daily, across various courts. Lawyers often instruct their clients
not to testify because they risk saying something dumb, or revealing some secondary crime, or at the very least hurting their own credibility. If you simply don't believe me, that's fine, but you're wrong here.
Regarding how all of this relates to your naysaying my claim of contradiction by MU, am I to suppose that in a debate, you'd make a denial without supporting it, and then stand mute while your opponent advances a cogent argument against it? — ucarr
This is just as disingenuous as the previous part of your reply which was just so.
No. If you've made that of what i've said, that is a misinterpretation. One that seems, I am sorry to say, purposeful.
You made a claim. I denied it. That's the end of that, unless you want to provide support for your claim.
You failed to provide any support for your claim(on my view, to be sure). I am free to walk away denying it.
That's how it works. I am not required to answer to a claim which has not been supported. That is also how courts work, to the point that what's called "
summary judgment" has been invented to cover this common circumstance. This is different to our situation though, which would be called a 'disputed facts hearing'. In this case, we would both provide evidence of hte 'facts'. The judge decides which is more likely, and from there it would perhaps be possibly to apply for a summary judgement if all facts fall on one side of the dispute. IN this case, all I need do is provide MU's statements and right-thinking person would clearly note there is no contradiction without interpolating. This is something you do with almost every post, so I am not particularly concerned there.
In this case, there is no judge. In my view, you failed to support your assertion. Therefore it was dismissed.
Hitchens Razor.
These are all standard concepts. Your position is counter to them. Therefore, I am confident in leaving it here.
Why do you think a distribution of differential probabilities is not interrelated? One of the points of the distribution is to compare levels of probability. — ucarr
Once again asking the wrong question. This has nothing to do with what was disputed. THe dispute has to do with your erroneous claim of contradiction. It was erroneous. I do not need to clothe the Emperor.
MU wants to argue probability means the individual trajectories are incoherent and thus their beginning state and ending state are discontinuous. — ucarr
No. That is not hte case, from any reading I can make (including several fairly pain-staked clarifications on MU's part. I fail to see how you are not understanding those). He is saying that probability (not a distribution there of) gives an illusion of continuity between T1 and T2 where in fact, there is a gap. There was no contradiction.
Your final two paragraphs are, in this context, incoherent to me. I leave htem be. Thanks for you time.