what should be the burden of proof for campus justice system sexual assaults? (user search)
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  what should be the burden of proof for campus justice system sexual assaults? (search mode)
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Question: what should be the burden of proof for campus justice system sexual assaults?
#1
preponderance of the evidence
 
#2
beyond a reasonable doubt
 
#3
other (explain)
 
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Total Voters: 48

Author Topic: what should be the burden of proof for campus justice system sexual assaults?  (Read 2557 times)
Beet
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« on: October 01, 2014, 12:04:27 PM »

If the potential rapist is tried in a real court and found guilty, kick him out.  If me or someone I loved got raped and the only people punishing the bastard was the school I'm going to be super pissed.

But would you rather the school punish him or her, or the perpetrator not receive any punishment at all? What if it was the difference between the victim dropping out of school /transferring or not?
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Beet
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« Reply #1 on: October 01, 2014, 01:48:04 PM »
« Edited: October 01, 2014, 01:54:38 PM by Beet »

Essentially, deciding between those standards requires that you look at both what is at stake if you get it wrong.  Wrongly labelling someone a rapist and destroying their reputation and future career is really serious business.  That isn't something I would do because I was 50.1% sure they were guilty.  Wrongly forcing someone to pay $1000 damages in a traffic accident is just of a different order of magnitude.  

Well the difference is, everyone is entitled to their liberty and their property (after taxes, etc.) but arguably no one is entitled to a particular reputation or a particular future career. Which the school is not taking away anyway, since it technically isn't preventing the person from being hired or going to another school. Careers are ruined for dumber reasons all the time- someone posted the wrong thing on social media, and it went public, etc., or someone was arrested but never convicted, yet they still have an arrest record. Are those people entitled to compensation from the police, or others spreading harmful information about them?
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Beet
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« Reply #2 on: October 01, 2014, 09:56:00 PM »

at its most basic level, this is one of the problems with a heavily privatized society.  power to mess with lives gets placed in Roger Goodell's hands, or the marching band exec's hands, or with the university professor.  at one level, since they act on behalf of private organizations, they can do whatever they want, fairness be damned... yet somehow, we know this isn't the whole story, that private orgs owe something to the public interest, owing to their social function.

Ok. Then where do you draw the line between an institutional power and a private power? You guys have brought up some good points, but this still makes me very uneasy. Should Roger Goodell have kept Ray Rice in the NFL, then? What if the probability that a rape occurred was substantially more than 50 percent? Should the university not be able to consider the psychological impact it would have on other students? Does the difference in severity between locking a guy up for 20 years, and expelling him from a school, or a marching band, make no difference at all in our willingness to apply remedies?
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Beet
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« Reply #3 on: October 01, 2014, 11:58:10 PM »

Does the difference in severity between locking a guy up for 20 years, and expelling him from a school, or a marching band, make no difference at all in our willingness to apply remedies?

the standard of proof necessary does not change based on the potential consequences to the accused.  both misdemeanor pot possession and murder call for the same standard of proof in the criminal system.

Yes but murder is a much more serious crime than pot possession, and the differential penalties reflect that. Here we are talking about remedies of a radically different nature for the same crime.

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Fair enough, the system is by no means consistent now, I'll grant that.
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