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Thing is, there's no such thing as "where guilt is not in doubt". We have a legal standard of "beyond all reasonable doubt", and still we know for certain that
by PeterisP 7y ago
Thing is, there's no such thing as "where guilt is not in doubt". We have a legal standard of "beyond all reasonable doubt", and still we know for certain that this standard, when applied to its full extent as it gets for death row convicts with all the multiple appeals courts, it still manages to convict a nontrivial number of innocent people.
So the judgment on whatever should happen in case where guilt is really not in doubt must be reserved for omniscient infallible divine beings, as we the people simply are not capable of implementing a process that's able to determine when guilt is not in doubt, as all practical experience shows that we've tried and failed and failed and failed to do so.
- paggle 7y agoThere can be standards of proof higher than the current ones for torture. For example, another jury whose instructions are “beyond all doubt.” Both juries would need to come back guilty for the torture. Of course no system is infallible, but there is also off the books torture in the current system.