Monday, May 09, 2011

How great the burden of proof?

Re: torturing people for the sake of getting information

What needs to be be established so that the court (or lawful authority) can find someone guilty of contempt in refusing to answer some question he has been commanded to answer? Beyond a "reasonable doubt"? It seems to me that it would be difficult to show beyond a reasonable doubt that someone knows (or plans) x - I can't imagine there being sufficient incriminating evidence that someone knows x without the needed information being present as well.

I think the burden should be rather great. If it cannot be established without a reasonable doubt that someone knows x, then he cannot be punished for refusing to divulge that information, even if those in authority have reasons for suspecting that he has that information.

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