[lbo-talk] Shot dead in London

[andie nachgeborenen]

Dunno English law, but as a lawyer I guarantee yo that
in no lergal system can you create reasonable doubts
by barely asserting or using the magic words self
defense. In vivilized systrems of course the
prosecution has the burden oif of proof beyond a
reasonable doubr in criminal cases, and of the
preponderance of the evide ( a much lower stnadrad) in
civil ones.

--- Richard  Harris <rhh1 at clara.co.uk> wrote:


> 
> http://www.lawcom.gov.uk/docs/lc290(1).pdf 
> 
> This is a Law Commission report on defences to
> murder.  It spells out very 
> clearly the English rules.  You will want to look at
> from page 72. 
> 
> The short read version is: 
>
http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2005/02/02/nburg202.xml
> 
> 
> The Law Commission document stresses, deep in the
> text, that at a trial, if 
> the defendant says 'self-defence', 'prevention of
> crime', the defendant is 
> creating a reasonable doubt.  It is then up to the
> prosecution to destroy 
> this doubt.  That is, to show beyond reasonable
> doubt that the claim is 
> untrue. 
> 
> This evidential rule is why people get off.  A
> killing + self-defence / 
> prevention of crime = no crime. 
> 
> Now apply this to Stockwell Tube.
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>
http://mailman.lbo-talk.org/mailman/listinfo/lbo-talk
> 

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