Is the Horror of False Accusation More Urgent and Credible when Harvard Law Prof Alan Dershowitz Describes It?

False DV Allegations - CRIME

Stop False Allegations of Domestic Violence to WIN Child Custody!

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A Child's Rights

American Law is Irresponsible

The American Civil Standard of Evidence and Abuse of Restraining Orders

Family Courts Abusing Children's Rights - 2015“On the European continent, for the court to hold against the defendant, the judge must be convinced that the facts brought forward by the plaintiff in support of the claim are indeed true. In principle, continental law does not make a difference between civil law and criminal law […]. By contrast, U.S. law has three different standards of proof […]. In criminal law, the charge must be established ‘beyond a reasonable doubt.’ In civil law, normally the plaintiff wins if only ‘the preponderance of the evidence’ is in [his or] her favour. Only in a limited number of civil law matters, of particular gravity for the defendant, the intermediate standard of ‘clear and convincing evidence’ must be met.”

—Dr. Cristoph Engel

The monograph from which this quotation is excerpted, which is by a professor of experimental law and economics, begins by candidly remarking that “American law is irresponsible.”

No argument here.

At the root of restraining order injustice is the lax evidentiary standard applied to plaintiffs’ allegations. Not only may allegations on restraining orders be false; a judge doesn’t have to be convinced that they’re not false to find in favor of their plaintiff.

Excepting in Maryland, which adjudicates the merits of civil restraining order allegations based on the intermediate standard of “clear and convincing evidence,” the standard applied to restraining orders is “preponderance of the evidence.”

If claims seem more likely true than false, “preponderance of the evidence” is satisfied.

In other words, the law is contented if a single judge (not a jury of independent thinkers) reckons the allegations against a defendant are “probably true” (or “maybe true” or “true enough”). To be effective, all allegations have to be is compelling.

Making allegations compelling isn’t a tall task for people in the throes of bitter animosity, as restraining order plaintiffs typically are, and it’s a cakewalk for unscrupulous liars, who are hardly rare among restraining order plaintiffs

.Accomplices in Fraud: When False Accusation Is a Team Sport

Constitutional Rights Are Only Real if They Can’t Be Denied: On the Price of Tolerating Bad LawWE LOSE - 2016

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9 thoughts on “Is the Horror of False Accusation More Urgent and Credible when Harvard Law Prof Alan Dershowitz Describes It?

  1. Pingback: A living bereavement – Stand Up For Zoraya

  2. Pingback: Lawsuit For False Domestic Violence Accusations? | Civil Rights in Family Law Florida

  3. Pingback: Is the Horror of False Accusations | Civil Rights in Family Law Florida

  4. Pingback: Crazy women are NOT that skilled at hiding their crazy | Civil Rights in Family Law Florida

  5. Pingback: Courtroom Fraud and Smear Campaigns: The Full Machiavelli | Children's Rights

  6. Pingback: Child protection advocates call for children to have more say in custody disputes | Civil Rights in Family Law Florida

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