Thaumaturgist @ 185

Scotland is a “civil law” jurisdiction; not a common law jurisdiction. In other words, the law of Scotland is substantially similar to that of Continental Europe, but not similar to that of England, Wales and Ireland. One way of looking at the Bill of Rights is that it was an attempt to ensure that the United States remained a common law jurisdiction, rather than a Scot-style jurisdiction with inquisatorial, rather than adversarial procedures.

In addition, I wonder if a jury that determines a case “not proved” rather than “innocent” allows the Prosecution to re-enter charges on the same charge later. Does double jeopardy apply in that verdict?

A good prosecutor would point that distinction out to a jury…and say that THERE is the reason that US and other British Courts use a “beyond a REASONABLE DOUBT” standard. Once they determine that verdict the individual cannot be tried on the same charges again.

Thus the idea that “not proven” “innocent” is the same as “not guilty beyond a reasonable doubt” falls apart.

Here’s another two dollar bet:

Fitz will NEVER go after Cheney.

y’re gonna hate me – next to last line “its”

[Mod Note; thanks. Refresh and it should be fixed]

Some laws do require that the MOTIVE be clearly laid out to a jury…for example, in the Intelligence Agents Identity Protection Act the proseutor has to demonstrate that the exposure was not ONLY intentional, but that it was done to harm the security of the United States. That’s a very high, if not impossible, standard.

So Victoria Toensing proudly beats her chest proclaiming in the WaPo that she after all, was instrumental in creating the IIPA law.

Let me see here…a former Reagan-appointed Fed Prosecutor, now full-time Repug shill and cheerleader for Scoots, luvs to take her some credit for designing a law where no one can ever possibly be prosecuted for betraying our country’s intelligence operatives.

Heckuva job, Vicki!

Cheney is being frozen out. It is looking like Rice is going to be the new puppet master.

If the “glove” fits…*g*

I’m busy honoring Millard Fillmore.

I’m busy honoring George Washington. As NPR reminded us, he was the guy who ordered decent treatment of all prisoners:

He issued a firm order that no matter how barbaric enemy armies might be, he would not abide any such behavior in his own troops.

Makes Bush look small and tawdry by comparison.

Bob in HI

Some of the worst things to come out of the OJ trial are named John Gibson and Mr. and Mrs. Victoria Toensing.

Didn’t Star Jones come out of the OJ trial too? What a hellacious list.