Innocent until proven guilty?

[breakaway]

What is the name of your state? CA

If a defendant is innocent until proven guilty, I think it would be almost impossible to successfully sue someone for slander. If you tell people that your classmate used to verbally abuse you (a lie), how can your classmate possibly win a court case if you're innocent until proven guilty?

 

[>Charlotte<]

By proving you guilty?

 

[Just Blue]

What is the name of your state? CA

If a defendant is innocent until proven guilty, I think it would be almost impossible to successfully sue someone for slander. If you tell people that your classmate used to verbally abuse you (a lie), how can your classmate possibly win a court case if you're innocent until proven guilty?

When they win the case, you would be guilty.

 

[free_spirit_etc]

I would think if it is a civil case - that guilt or innocence (non-guilt) would not be the issue. Liability would be the issue. And civil cases most often have a lesser burden of proof (preponderance of the evidence). Is there a specific reason you are asking?

Free

What is the name of your state? CA

If a defendant is innocent until proven guilty, I think it would be almost impossible to successfully sue someone for slander. If you tell people that your classmate used to verbally abuse you (a lie), how can your classmate possibly win a court case if you're innocent until proven guilty?

 

[breakaway]

I would think if it is a civil case - that guilt or innocence (non-guilt) would not be the issue. Liability would be the issue. And civil cases most often have a lesser burden of proof (preponderance of the evidence). Is there a specific reason you are asking?

Free

Well, I'm just wondering how even with a lesser burden of proof, how a person can prove something like that. For example, if someone says that whenever you went over to their house, you used to steal their food, and you actually didn't, how would you prove that he's lying? You can only win the case by proving that he is guilty of making up this story, but there is no evidence except for your word versus his. Unless you have video/audio evidence or eye witness accounts, I don't see how you can prove someone is lying if it is your word versus theirs.

 

[quincy]

It is up to him to prove that you stole his food, not for you to prove that you didn't. You are innocent of his charge that you stole his food unless he can show by a preponderance of the evidence that you are guilty of this charge. And if you DIDN'T steal the food, he will be hard-pressed to prove that you did.

 

[free_spirit_etc]

Civil and criminal cases have been won (and lost) on various amounts of evidence and various types of testimony. And there is still nothing to guarantee that certain amounts of evidence will win or lose a case.

In a civil case - you do not have to prove someone is lying - nor do they actually have to prove they are telling the truth.

Under the preponderance of the evidence idea - you just have to convince the judge or jury that your story is more plausible or believable than the other story.

Often it is not just your word against theirs. There can be circumstantial evidence and / or witnesses (who may also be lying).

Often it is not just one side lying and one side telling the truth. Each side often has SOME truth in their statements and some not-so-truthful statements.

If you have a specific reason for asking - it would be helpful. If you ask a question - and people treat it like a vaid question - and you respond with rhetorical scenarios that again show that whatever you don't think can be done can be done - then people can just give you rhetorical answers.

Free

Well, I'm just wondering how even with a lesser burden of proof, how a person can prove something like that. For example, if someone says that whenever you went over to their house, you used to steal their food, and you actually didn't, how would you prove that he's lying? You can only win the case by proving that he is guilty of making up this story, but there is no evidence except for your word versus his. Unless you have video/audio evidence or eye witness accounts, I don't see how you can prove someone is lying if it is your word versus theirs.