The prosecution must only prove that you committed a crime. Like I told Ian. http://article.gmane.org/gmane.network.freenet.general/257 Alleging the government made you do it is an affirmative defense. A defense in which you admit to the crime, but state you had a reason for doing so. When claiming an affirmative defense the bruden falls to you to prove that it's true. I'm not sure what level your required to prove it to.... beyond a reasonable doubt or preponderance of the evidence. But it's still up to you to prove it.
-----Original Message----- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] Behalf Of [EMAIL PROTECTED] Sent: Monday, August 09, 2004 7:23 PM To: [EMAIL PROTECTED] Subject: Re: [freenet-chat] Re: anonymity(NOT) Importance: Low Matthew Findley ([EMAIL PROTECTED]) wrote: > If you honestly belive that you could convince a jury that the government put > KP on freenet just to entrap you.... thats pretty sad. > See in the courts you need a little thing called evidence. Good luck finding > some that shows the government is out to discredit freenet. This is somewhat inaccurate, at least for the US. In a criminal proceeding, the prosecution must prove "beyond a reasonable doubt" that you have committed a crime. Otherwise, you are assumed to be innocent. All you have to do is establish a "reasonable doubt" that you did not know the KP was there. In a civil case, the standard is "preponderance of the evidence". If the prosecution can produce more evidence indicating that you knew the KP was there, than you can produce evidence that you did *not* know it was there, then the prosecution will probably win. In the particular matter of KP, it's quite likely you would face a federal criminal charge of some sort (though IANAL and I'm not clear exactly what, if any, laws might apply). Or perhaps you'd face a state law, and the FBI would merely be "assisting" the state police. In either case, you'd fall under the "resonable doubt" doctrine. In matters of copyright infringement, it's not so clear. There have been recent laws which make certain types of copyright infringements actual *crimes*, instead of simple civil matters, so I don't know whether you'd be more likely to face a civil lawsuit or a criminal trial. -- Greg Wooledge | "Truth belongs to everybody." [EMAIL PROTECTED] | - The Red Hot Chili Peppers http://wooledge.org/~greg/ | _______________________________________________ chat mailing list [EMAIL PROTECTED] http://news.gmane.org/gmane.network.freenet.general
