Timeline for Why is the defendant presumed guilty in traffic court?
Current License: CC BY-SA 4.0
14 events
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| Jul 12, 2021 at 12:25 | comment | added | tlewis3348 | ¯\ _(ツ)_/¯ I'm not a lawyer. All I'm saying is this seems to be one of those things that contributes to the general disgust people like me have with the lawerly profession. A public entity (i.e., the State) get's to arbitrarily declare itself to be a private entity whenever it's in it's own interest. Something seems wrong with that. | |
| Jul 11, 2021 at 14:59 | comment | added | Harper - Reinstate Monica | @tlewis3348 It sounds like you're just nitpicking that a legal "term of art" doesn't quite match its colloquial meaning. Why would you expect this? | |
| Jul 11, 2021 at 10:29 | comment | added | tlewis3348 | @Harper-ReinstateMonica Do words have meaning, or are definitions completely arbitrary? Typically, the distinction between "public" and "private" is the distinction between the realm of government and everything else (e.g., "public service", "public accounting", etc.). If the state can be a "private party", then the distinction between public and private seems meaningless. I mean I get that governments do illogical things all the time, but I'm at least going to point out when something doesn't make sense. | |
| Jul 9, 2021 at 21:22 | comment | added | Harper - Reinstate Monica | @tlewis3348 How is the state prohibited from being a private party? You're making it sound like states are barred from filing lawsuits and can only pursue legal action by making a matter criminal. That doesn't make any sense, since a state defines what all that stuff even is. They would have no earthly reason to deny themselves the recourse of litigation. | |
| Jul 9, 2021 at 20:48 | comment | added | tlewis3348 | How is the state a "private party"? | |
| Jul 9, 2021 at 19:22 | comment | added | Harper - Reinstate Monica | @tlewis I would say more a plaintiff... It might feel like they're a prosecutor because they have really good witnesses lol... | |
| Jul 9, 2021 at 19:12 | comment | added | tlewis3348 | @Harper-ReinstateMonica, In traffic court, is the state not the prosecutor? According to your description of two separate court systems, wouldn't that make violations of traffic law a criminal offense? | |
| Jul 9, 2021 at 18:42 | comment | added | Harper - Reinstate Monica | @BenVoigt Okay. | |
| Jul 9, 2021 at 18:41 | history | edited | Harper - Reinstate Monica | CC BY-SA 4.0 |
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| Jul 9, 2021 at 18:18 | comment | added | Ben Voigt |
The "preponderance of the evidence" standard is "more likely than not" i.e. P(X) > P(~X) or "51% likely" i.e. P(X) >= 0.51 and not "51% more likely than not" i.e. P(X) >= P(~X) + 0.51
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| Jul 9, 2021 at 18:11 | history | edited | Harper - Reinstate Monica | CC BY-SA 4.0 |
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| Jul 9, 2021 at 17:48 | comment | added | Harper - Reinstate Monica | @DavidSiegel I meant "States" as in jurisdictions like Wales or Bavaria. But yeah, they're a semi-third category because treating them as full crimes creates a logistics problem - the State can't afford to seat a jury for everyone who wants to fight a speeding ticket. So some short-circuiting of rights/consequences must occur. | |
| Jul 9, 2021 at 16:50 | comment | added | David Siegel | In many US states traffic offenses and other "infractions" are really a 3rd category, neither criminal nor strictly civil. However, as other comments have mentioned, in some states all or most traffic offenses are misdemeanors and thus crimes, and in many states some serious traffic offenses are crimes. | |
| Jul 9, 2021 at 16:43 | history | answered | Harper - Reinstate Monica | CC BY-SA 4.0 |