It does. In my analogy, I applied the words “atheist” and “theist” in place of the phrases “to not believe” and “to believe” in my example.
That’s missing the point of the analogy. The analogy is about where people start out with the default position of not believing and must become convinced. The jury, obviously, do not have a lack of belief that the defendant exists or does not exist, but only a lack of belief that the defendant is guilty of the event they are being accused of. In the case of a deity, it is being accused of existence just as a different defended is accused of murder, not paying taxes, what ever else. That is the default position, “presumed innocent until the jury is convinced the defendant is most likely guilty”.
So to make the trial analogy more clear, the defendant is “the idea that a god exists”. By default, the position is not to believe a claim someone is making until there is sufficient evidence presented by the side making the positive claim. We all do this, some kid claims that his dad can throw a ball around the moon, someone claims the earth is flat, someone claims X. The default position is to not believe them until they convince you. You have not direct knowledge of that event, so you are agnostic if it actually happened. So you must become convinced that what they are presenting is the best, most-likely, explanation for what happened, aka: what you believe about what they are claiming to have happened. So the default position the jury is taking on this trial is the atheist position, that the idea of a deity is not the case until the prosecution presents their reasons why “the idea that a god exists” is guilty of existence instead of the default position of “not guilty of existence”.
You can have a lack of belief about anything, even murder. If there is no body and no evidence of foul play for example. Where the case is indistinguishable from someone just walking away from the situation and went into hiding. Or that someone’s claim of magic or the supernatural is indistinguishable from ignorance of a natural explanation.
The amount of evidence is irrelevant for the prosecution to make the assertion of X. Take the kids bragging about their dads again, My dad can through the ball around the moon. My dad can show the earth is flat. Etc. Just that if the prosecution’s goal is to sway the jury, they need to understand what it would take to most-likely win that case instead of what they feel personally about the case and what evidence it took for the prosecution to believe X about the defendant. As a jury member, it’s not on the jury to assume what the prosecution has for their case, it’s only up to the jury to give feedback to the prosecution for why they succeeded or failed in convincing the jury to believe what the prosecution is presenting.
Yes they would, look at the book, To Kill a Mockingbird for example. All the prosecution needed for that case was a white woman to point to a black man and say he did it to win that case. The amount of evidence is irrelevant for someone to make an assertion. You can find people everyday, live and still walking around that you can go talk to, that claim to have been abducted by aliens or that the supernatural is real. The only evidence of that is their testimony for example.
I don’t really see a significant difference between these two semantic points.