I am not familiar with the Italian criminal court system. I can tell you that where I practice law (in the United States), a prosecutor does not need to get permission from the court to file charges against somebody. Rather, the prosecutor builds her case by gathering evidence. If she thinks she has enough evidence to prove guilty, then she will file charges against the defendant. The court has no role in determining whether or when to bring charges.limerickman said:The Italian state authorities are taking the case against Ferrari.
Unless they had evidence - they presumably would not have been given
authorisation by a judge to make charges against Ferrari, right ?
So it is reasonable to assume that they have some degree of evidence
to be anbe to direct a charge to be brought against Ferrari ?
As you've got some legal knowledge - this is a reasonable assumption ?
And I can tell you that prosecutors are people. They are not infallable and are subject to the same mistakes of judgment everybody else is. They can be swayed by public opinion, especially if they are elected by the public. I can tell you true stories of prosecutors who manufactured evidence in order to convict an innocent person (who was subsequently sentenced to death for murder). The prosecutors did this because of tremendous public pressure to find the person resonsible for a heinous murder. Fortunately, good lawyers got involved and the person's life was spared after the prosecutors admitted under oath that they manufactured the evidence.
For this reason, I do not trust prosecutors. I do not think they are all crooked or bad people either. I just want them to prove their case in court. Simply because they bring charges against somebody means nothing to me.
So, a long answer to your question, but, no, simply because a prosecuting authority brings charges against somebody does not convince me that those charges are true. I need more.
I agree with you that the court of public opinion is different than a court of law and admit that I am biased toward the latter. Nonetheless, I believe people owe it to themselves to have good reasons for their opinions. I know you feel you have those reasons. I think your reasons are not well-founded, but I will never disparage you personally for holding those opinions.In a legal context as regards LA - the presumption of innocence lies with the defendant.
But we're not in a court of law here.
We are in a forum and people can form an opinion based on what they know.
If their knowledge is vast or miniscule - people will form an opinion and in this case some of us form the opinion that LA is not authentic.
An opinion doesn't necessarily rest on the level of evidence.