On Apr 28, 10:49 pm, Michael Press <
[email protected]> wrote:
> In article
> <[email protected]>,
>
>
>
> [email protected] wrote:
> > On Apr 28, 12:36 am, Michael Press <[email protected]> wrote:
> > > In article
> > > <[email protected]>,
>
> > > [email protected] wrote:
> > > > Hmm. I see a logical problem. If no one is to make charges without
> > > > proof, why would anyone investigate anything?
>
> > > Yes, that is how it is done.
>
> > > > The way things
> > > > generally go is this: There's an accusation of some sort; people look
> > > > for evidence for and against; the evidence is evaluated; and in
> > > > certain cases, the accusation is proven. Proof does not generally
> > > > come first.
>
> > > What you describe is persecution.
>
> > Really? I thought I was describing the workings of the US legal
> > system, and (more generally) the development of mathematical proofs,
> > among other things.
>
> > Do you really think that mathematical proofs come before conjectures,
> > or that convictions come before legal charges?
>
> The public prosecutor typically gathers evidence for a
> prosecution after a crime has been proved. Gathering
> of evidence on an individual before a crime is proved
> is persecution. Not that the latter does not occur regularly.
ISTM you're quite confused on the process.
First, your phrase "a crime has been proved" makes little sense. In
most cases, the fact that a crime has been committed does not require
proof. The existence of most crimes is obvious, based on such things
as the broken window and missing valuables, the presence of a banned
substance in the pocket of the individual, the wounded or dead victim,
etc.
Also, the prosecutor doesn't even come into the picture until
investigators have acquired evidence and identified a prime suspect
(and rejected other suspects). And it _is_ necessary to gather
evidence before a person can be identified as a suspect.
If that person is charged, _then_ the process of proof (or disproof)
commences.
That's as I understand it, anyway. One of my best friends is a
Criminal Justice professor. If you like, I can run this by him.
- Frank Krygowski