Have you ever been accused of something that wasn’t true, yet you had no way to prove your innocence?
Have you ever been accused of something that wasn’t true, yet you had no way to prove your innocence?
I’ll start. Teenage me driving up the street to hang out with friends at the mall and passed my younger neighbor and his mom. When I got back a couple hours later, the neighbor’s mom was livid - confronting me for the slight. I seriously had no idea wtf she was talking about and I couldn’t convince her otherwise.
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The burden of proof is on the side that accused you
The burden of proof is on whoever might punish you (or attempt to) decides it is on.
If you claimed that there is a unicorn floating somewhere in the andromeda galaxy then it's your job to prove it Not mine to disprove it since it's not possible
Likewise if someone claims I've done smth then they need evidence of that
There is no arbitrary burden of proof on anyone. It all comes down to what actions are going to result from the claim, and what do the actors who will enact those actions expect before they determine what act, if any, should be taken.
It plays a role in the court of law because the decision can have a huge impact on people's lives.
If I was just making a claim that Andromeda has a serious unicorn problem and that they need our thoughts and prayers before they are overrun entirely by marauding horny horses, it doesn't come with any obligation to convince anyone, even though it is entirely true and could be easily proven if I had more space in the margins.
For defamation, it gets more complicated. Some jurisdictions require the defendant prove what they said, others require the plaintiff to prove it false. But the main thing with both is that there is a burden of proof because there's consequences directly tied to whether the claim is true.
wouldn't that be nice.
Yeah duh