F
Fairwinds
Guest
I think the position was that someone who came out on, for example, ESPN, and admitted “to doing anal sex” should be arrested and that this statement was sufficient (i.e., no other evidence) to get a conviction. the confession would have to cover all of the elements of the crime, but I’ll defer discussing those on this forum. obvious defenses: I lied, it was a joke, I was taunting the government, it was an accident, etc.Well that is not quite like that. While a guilty confession can be very helpful for a prosecutor it doesn’t work like I confessed and now I can be convicted. There are many evidentiary rules that have to be followed in order to make a confession admissible in Court and I can tell you right now cops are the worst following rules so many confessions end up excluded from Courts thanks to Cops. Second in order to be convicted the prosecutor has the burden of proof beyond reasonable doubt which is quite a hard standard to meet especially when we are talking about “moral issues.” And many times.prosecuting these things is not worthwhile for the State because it becomes too expensive and complicated. The best example is adultery which is a crime in MA. While is a crime nobody wants to prosecute adultery because because meeting the standard is so difficult is more of a burden in the end.
the government wouldn’t prosecute and there isn’t a defense counsel in the country who couldn’t get a court to dismiss the charges if that’s all the evidence.
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