Thread: ACLU
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Old 11-23-2018, 11:41 PM   #3
sexobon
I love it when a plan comes together.
 
Join Date: Oct 2009
Posts: 9,793
The US government uses "clear and convincing evidence" as the standard to meet the due process clauses of the 5th and 14th amendments. For instance, that standard would have to be met before terminating parental rights, among other things. Due process is usually invoked in matters of life, liberty, and property. The question is whether or not an education has enough weight to make raising the bar appropriate.

OTOH, my understanding is that in the UK this intermediate standard isn't used as they hold that neither the seriousness of the allegation nor the seriousness of the consequences should make any difference to the standard of proof to be applied in determining the facts.

My opinion is that, these days, an education is important enough for the bar to be raised and the nature of this beast is that many cases will involve people who weren't in complete control of their faculties. Entertaining emotional persuasion to determine likelihood by merely a preponderance of the evidence is insufficient.
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