----------------------<snip>--------------------------
You make the presumption (sorry) that this doctrine applies to all court
cases. It only constitutionally applies to criminal courts. In civil
court, the burden of proof is on the defendant - always has been, even
in English common law. That's why OJ owes the Goldman family a bazillion
dollars or something like that.
-----------------------<unsnip>--------------------
One other point, Ray: in a criminal matter, proof must be beyond a
reasonable doubt. In a civil matter, proof is based on a preponderance
of evidence, rather than beyond reasonable doubt, whatever that is. And
the plaintiff must still "prove"his case, even with the less-stringent
guidelines of civil action.
---------------------------<snip>--------------------------
In a similar vein, that "free speech" "right" applies only to "Congress
shall pass no law...". In a private corporation, there is no such thing,
so if you say the CEO is a cheatin' lowlife who steals from the company,
you can be fired, and he can sue you for libel, which is in a civil
court, so it is up to you to prove that he is a cheatin' lowlife who is
stealing from the company. (Of course, you might get lucky and have
proof, in which case you should have contacted your local district
attorney first and presented the information.)
--------------------------<unsnip>---------------------------
Even libel and slander must be proven by evidence of loss. And the best
defence against a libel or slander action is always truth. The right of
free speech was granted in the Bill of Rights so that citizens could
criticize the government. But even this right must be exercised
responsibly. Baseless claims will only result in the claimant being
labeled "crackpot", or "malcontent". And personal attacks will be
apperant and, usually, ignored.
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