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I have one question: would Ford's testimony convict kavanaugh in a court room?
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I would have to agree, this "what if" question is so far off the reality of the situation (this being a job interview) it's like comparing apples and oranges. However, for the sake of discussion I will argue the difference between a criminal court and a civil court. In the OJ trial, he was found innocent in the criminal court but guilty in the civil court. Why?
While there are many differences between the two, the biggest one is burden of proof and rules of evidence. In criminal hearings, the prosecutor must prove guilt "
beyond a reasonable doubt." (98%) In a civil court, all the plaintiff needs is a "
preponderance of evidence" (above 50%) to make their case.
Given the length of time between the incident of alleged rape, I would be hard pressed to say any criminal prosecutor could convict Kavanaugh based on the rules of evidence. However, in a civil court, based on those same rules of evidence, I think Kavanaugh could be convicted of rape.
Now mind you, the rules of evidence are almost non-existent in a job interview. All an employer needs is to do is think you are too ugly in order to disqualify you. And, since these congressional hearings for job positions are based merely on tradition, nothing really formal in writing, it's all a damn farce.
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