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[Bill Vote] Normalize the "Burden of Proof" requirements in the Criminal Code for Griefing
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azkedar_ is in Bill Vote
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Previous discussion. The bill text below focuses in on just the phrasing of Griefing crimes, with slightly adjusted explanatory text from the discussion. I have also omitted the compilation of burdens of proof, as that is not part of the proposed bill, but it can still be seen in the previous discussion if desired.


The phrasing for the burden of proof in a few crimes in the Constitution is not entirely consistent. In particular, for 100.01 and 100.02 griefing crimes, the burden is that the prosecution must prove beyond a reasonable doubt that the defense's version of events is not true to sustain a finding of guilt.

Every other crime simply says the prosecution must prove their own facts to a certain threshold likelihood.

The 100.03 version is also different from other language in the Criminal Code.

I propose that the Burden of Proof for 100.01, 100.02 and 100.03 be modified to match the other "beyond a resonable doubt" crime (800.02), since that phrasing would be consistent with other crimes:

The following text would replace each of MACC§100.01.2.a, §100.02.2.a, and §100.03.2.a ("Burden of Proof"):

a. The prosecution must prove beyond a reasonable doubt (as defined in section 900: Definitions of Burdens of Proof) that the facts constituting the prosecution did exist in order to sustain a finding of guilt.

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6 years ago