Signage, sidewalks measures advance Sep 2, 2010
Lori Nishimura, city deputy prosecutor, said enforcement would require knowledge of the property line, the pedestrian use zone and proof beyond a reasonable doubt that someone was blocking that zone ... Lori Nishimura, city deputy prosecutor, said enforcement would require knowledge of the property line, the pedestrian use zone and proof beyond a reasonable doubt that someone was blocking that zone. (Honolulu Star-Bulletin)
Let us be civil about fighting corruption Sep 1, 2010
For one thing, the threshold for evidence is less - ''on the balance of probabilities'' rather than the often difficult to meet ''beyond a reasonable doubt. The higher burden of proof in criminal cases often leads to investigations being dropped or prosecutors not pursuing cases that might be difficult to prove at trial. (Sydney Morning Herald -- Business)
2nd Circuit Upsets Fine Imposed in KPMG Tax Shelter Case Aug 31, 2010
The decision was the latest in a series by the circuit applying , 530 U.S. 466 (2000), where the U.S. Supreme Court held that, other "than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury and proven beyond a reasonable doubt.". In a companion summary order, the 2nd Circuit in , 09-1702-cr, also affirmed the of Larson, fellow investment advisor Robert Pfaff and former Brown & Wood partner Raymond... (Law.com)
Ansel Adams Trust Sues Over Garage Sale Negatives Aug 25, 2010
Last month, Peter announced that his team studied the 65 negatives for six months and concluded "beyond a reasonable doubt" that the photos were Adams' early work, believed to have been destroyed in a 1937 fire at his Yosemite studio. Norsigian, a resident of Fresno, has set up a website to sell prints made from some of the negatives, from $45 for a poster to $7,500 for a darkroom print with a certificate of authenticity. (KFOXTV.com, TX)
Feds: No crime spying on kids via webcams Aug 19, 2010
"For the government to prosecute a criminal case, it must prove beyond a reasonable doubt that the person charged acted with criminal intent," the U.S. Attorney's office. "We have not found evidence that would establish beyond a reasonable doubt that anyone involved had criminal intent.". (Salon)
Tale of Ansel Adams negatives grows hazy Aug 15, 2010
Last month, a decade later, he stood in a Beverly Hills art gallery to announce that a team of experts had concluded "beyond a reasonable doubt" that Ansel Adams had taken the pictures ... Last month, a decade later, he stood in a Beverly Hills art gallery to announce that a team of experts had concluded "beyond a reasonable doubt" that Ansel Adams had taken the pictures. (Honolulu Star-Bulletin)
Plot Thickens Around Norsigian's An... Aug 9, 2010
It took an additional 6 years of research and authentication for the experts Norsigian contacted to come back with the verdict: beyond a reasonable doubt, the negatives were the works of Ansel Adams. To date, the negatives have been studied by a photographic expert, a meteorologist, handwriting experts, an art expert, and an evidence-and-burden-of-proof expert who are all in agreement that the plates once belonged to Adams. (Suite101.com)
Ansel Adams’s trust calls discovery a fraud Jul 28, 2010
Arnold Peter, who represents Fresno painter and construction worker Rick Norsigian, said a team of specialists who studied the 65 negatives over the past six months concluded beyond a reasonable doubt that the photos were Adams s early work, believed to have been destroyed in a 1937 fire at his Yosemite National Park studio. Adams is renowned for his timeless black and white photographs of the American West, which were produced with darkroom techniques that heightened shadows and contrasts to... (Boston Globe)
Adams heirs skeptical about lost negatives claim Jul 28, 2010
Norsigian's lawyer Arnold Peter said a team of experts who studied the negatives over the past six months concluded "beyond a reasonable doubt" that the photos were Adams' early work, and they were believed to have been destroyed in a 1937 fire at his Yosemite National Park studio. "These photographs are really the missing link," he said. (KLAS-TV.com, NV)
Southeastern roundup: Water parks Jul 10, 2010
Some of the movies filmed here include "Beyond a Reasonable Doubt" starring Michael Douglas, 2008 s George W. Bush biopic W. starring Josh Brolin and the popular HBO series, True Blood. Pick up a brochure at the Shreveport-Bossier Convention st Bureau at 629 Spring St.. (Atlanta Journal-Constitution -- Travel)
Deputy Won't Face Third Trial In Videotaped Jail Cell Incident Jul 10, 2010
The Prosecutor's Office said that "given that two juries were unable to reach a unanimous verdict, which requires proof beyond a reasonable doubt, prosecutors believe that a third trial is unwarranted.". The incident was caught on a SeaTac jail surveillance video and led to the fourth-degree assault charge. (KIRO TV, WA)
Arizona immigration law: Rick Romley spells out rules to handle cases Jul 9, 2010
The policy statement distributed to law-enforcement agencies reads, "In order to successfully prosecute a violation of these statutes, the State must be able to prove each element of the offense beyond a reasonable doubt. For most of these offenses, that includes proof that the suspect was in the United States in violation of state and federal law. To sustain prosecution, a submittal must recite sufficient evidence, independent of the suspect's statements, to sustain each and every element of... (AZCentral)
Accuser says she didn’t fight Roethlisberger Jun 10, 2010
Accuser says she didn t fight Roethlisberger - Somerset - Daily American. I noticed throughout the night he kind of had like a short temper, like he would get really like defensive, she told police in her second interview with them on March 5, about 12 hours after she said the assault took place. (Somerset Daily American, PA)
Detainment based on mere speculation May 29, 2010
Moreover, people targeted for indefinite detainment who have never been convicted of any sex crimes, or even charged with one, are not afforded jury trials to determine their alleged sexual dangerousness, which need not be proved beyond a reasonable doubt. Fried is probably correct in assessing the constitutionality of a federal insurance mandate, but advocates of health care reform should take no solace from a ruling empowering the government to imprison people indefinitely, without jury... (Boston Globe -- Editorial)
CBP Officers Seize $1.7 Million of Crystal Meth at Port May 23, 2010
An individual is presumed innocent until competent evidence is presented to a jury that establishes guilt beyond a reasonable doubt. . (Douglas Daily Dispatch, AZ)
DEATH BY DRONE: Controversy after CIA authorized to kill U.S. citizen... May 14, 2010
But Mr. Radsan, who teaches at the , said every drone strike should be subject to rigorous internal checks to be sure beyond a reasonable doubt that the target is an enemy combatant. As for the question of whether Mr. Awlaki is a legitimate target, Mr. Radsan said the cleric might not resemble an American fighting in a Nazi uniform. (The Drudge Report)
Prosecutors investigating Morgan Stanley over mortgage derivatives May 13, 2010
The government must prove beyond a reasonable doubt that a firm or its employees knowingly misled investors, a high bar. The government launches many criminal investigations that end without any charges being filed. (New York Post -- Business)
Morgan Stanley Denies Allegations It Misled Mortgage-Derivatives Investors May 12, 2010
In bringing criminal charges, the government would need to prove beyond a reasonable doubt that the firm or its employees misled investors, it said. Two of the transactions being probed were named after U.S. Presidents and Jackson, and were called the Dead Presidents deals by traders, the WSJ said, citing a person familiar with the matter. (Bloomberg)
Palin: America is a Christian nation May 8, 2010
That is beyond a reasonable doubt. But here is what's happened. (Fox News)
consistently with the Constitution, May 7, 2010
The emphasis is my own, and it highlights the key language--that one can be denaturalized or expatriated only _after_ a conviction, which requires proof beyond a reasonable doubt (and, in the case of treason, the testimony of two witnesses to the same overt act). Whatever one may say about analogies (or the lack thereof) between providing material support to terrorism and the egregious offenses delineated in 1481(a)(7) (more on that later), it strikes me as a monumentally significant distinction... (Harper's Magazine)
Simon Johnson: Ban Paulson From Securities May 5, 2010
If he was in any legal sense the mastermind obviously he was, but can you prove it beyond a reasonable doubt. then we are looking at potential conspiracy to commit fraud. (Newsmax)
Post 66 softball squad falls flat in Nogales May 5, 2010
Beyond a reasonable doubt. About 50 degrees ambient temperature, but our bats were in the teens. (Green Valley News & Sun, AZ)
FBI probing Goldman for criminal case May 1, 2010
Criminal allegations have to be proven beyond a reasonable doubt. Goldman Sachs fell $8. (India Times)
Criminal Probe Looks Into GOLDMAN Trading... Apr 30, 2010
Proving a criminal case could be challenging given that prosecutors must show "beyond a reasonable doubt" that Goldman and its employees committed fraud, compared with the threshold for a civil case, which requires a "preponderance of evidence.". Under civil law, the SEC does not have to prove that Goldman set out to defraud investors -- only that it did. (The Drudge Report)
Lawyer says client made Roethlisberger allegation (04/13/2010) Apr 15, 2010
But after a month-long investigation, the local district attorney decided not to prosecute because of a lack of evidence beyond a reasonable doubt that included shifting statements by the accuser. Mr. Manion declined to disclose any other details about his client's encounter. (Pittsburgh Post-Gazette, PA -- Sports)
D.A.: Steelers QB won't be charged Apr 13, 2010
Ocmulgee Circuit District Attorney Fred Bright said the 20-year-old student's accusations could not be proven beyond a reasonable doubt, and her lawyer said in a letter that she did not want to press charges. "Therefore, there will be no arrests made nor criminal prosecution against Mr. Roethlisberger," Bright said. (Athens Banner-Herald)
Prosecutor still waiting on lab results in Augusts US-131 deadly crash Apr 10, 2010
He said that the intervening semi makes proving proximate causation beyond a reasonable doubt much more complex. During the investigation police brought in an independent investigator to inspect the semi McCord was driving. (Gaylord Herald Times, MI)
'Proof of life': search ends for Newton-John's boyfriend Apr 3, 2010
Philip Klein, who was hired by a US current affairs program, said he had ''concluded beyond a reasonable doubt that Mr McDermott is alive. Mr Klein said his team was checking documents and voice recordings of Mr McDermott that he and his lawyer had provided in return for detectives agreeing to leave him alone. (Sydney Morning Herald -- World)
Court Rulings Stall Excessive Speeding Cases Apr 2, 2010
That raised the level of proof to beyond a reasonable doubt," and that opened the door for defense attorneys to attack the accuracy of the police equipmentSo now, prosecutors must prove that the dynamometer at Roy's Kalihi Automotive that checks the speedometers has been calibrated and that the technician, usually owner Roy Ozaki himself, has been qualified by the manufacturer.Right now, that documentation hasn't come to court.I think everybody should be aware of this who gets a speeding... (Honolulu Star-Bulletin)
Talking Points Mar 31, 2010
It should not be branded as racist unless there is proof beyond a reasonable doubt. Certainly that is not the case with the Tea Party. (Fox News)
Request To Dismiss Haditha Charges Denied Mar 27, 2010
Judge Lt. Col. David Jones ruled Tuesday that Wuterich's attorneys had shown there was the possibility of undue command influence, requiring prosecutors to prove beyond a reasonable doubt that no such influence existed or if it existed, did not influence the generals' decision. Jones ruled Friday that legal adviser Col. John Ewers only conducted a short interview of Wuterich and wrote a one-paragraph statement of how he radioed a message to his commanders the day of the killings. (TheSanDiegoChannel.com, CA)
Readers Write 03/26 Mar 26, 2010
In criminal cases, the standard of proof is beyond a reasonable doubt. A midpoint could be utilized, such as clear and convincing evidence, thereby giving people in the medical profession the benefit of the doubt in close cases. (Atlanta Journal-Constitution -- Opinion)
Cyber-Vulnerabilities: American Grid, Chinese Grip Mar 24, 2010
Conceding he could not prove his assessments "beyond a reasonable doubt in a court of law," he said he believed "such persistent, systematic and sophisticated attacks ... most likely are state-directed." He noted that Chinese dissident organizations like Falun Gong have been "singled out by the Chinese Communist Party leadership for suppression. It is the organs of control and repression in China that need the type of information that was extracted from Google and who most profit from such... (Townhall.com)
Dust victim added to 9/11 toll Mar 12, 2010
In a letter made public on Wednesday, New York's chief medical examiner, Dr Charles Hirsch, said he was certain "beyond a reasonable doubt" that the dust "was contributory to her death". Dr Hirsch said he would amend Ms Dunn-Jones's death certificate accordingly and change the manner of death from natural causes to homicide. (BBC News -- Americas)
Cyber ShockWave exposed missing links in U.S. security Mar 11, 2010
First, it is difficult to establish evidence that proves beyond a reasonable doubt that a particular entity staged an attack the issue of attribution. Not only is it difficult to identify and prove whether the attacker is sanctioned by a foreign government, it is also hard to distinguish between active direction by foreign officials and mere tolerance or lax enforcement. (FCW.com)
Proud Serb defiance versus victims' stories Mar 4, 2010
It will be the prosecutions job to prove beyond a reasonable doubt that Karadzic was responsible for the atrocities that stole the lives of thousands, scarred the lives of thousands more, and scoffed at an international community too slow to respond. Whether this trial will bring justice could be a question without an answer. (Sydney Morning Herald -- Opinion)
BREAKING: Charges dropped against woman involved in cop car crash (938) Mar 3, 2010
In his ruling, Metcalf said that the district attorney had not proved Hawthorn was impaired "beyond a reasonable doubt" and that "evidence of impairment (was) thin at best.". For the complete story, keep checking , or pick up tomorrow's copy of The Palladium-Times. (Oswego Palladium-Times, NY)
What is the Cryptid Orang Pendek? Feb 20, 2010
Until an Orang Pendek is captured, there is no proof beyond a reasonable doubt that it exists. The evidence consists of many witnesses who have sighted the UMA. Descriptions differ, but it possible there could be more than one breed. (Suite101.com)
In Rationale for Acquitting Attorney, Judge Says Proof of Role in Witness Intimidation Fell Short Feb 10, 2010
The judge found that although the evidence may have suggested that Irving was present at various times while ; criminal conduct was under way, no rational juror could have concluded that the government proved beyond a reasonable doubt that Irving had the knowledge and intent necessary to establish her participation in the scheme between her boss, Robert Simels, and his client, Shaheed Khan, to tamper with witnesses ... "Rather, the government sought to connect her to them through a handful of... (Law.com)
Animals Rights Groups Call for Prosecution of Dairy Workers Feb 3, 2010
In a statement released after the Nightline report, Budelmann said if the SPCA's investigation develops admissible evidence that proves beyond a reasonable doubt that New York laws have been violated, and the SPCA files charges, his office "will prosecute anyone so charged.". 1. (ABC News -- Business)
S.F. mayor in No Spin Zone Feb 3, 2010
You cannot afford the entitlement programs that liberals want to put out there, and I think California proves that beyond a reasonable doubt. NEWSOM: I don't think it's that simple, Bill, with respect. (Fox News)
Incentive to Steal Jan 27, 2010
And under many state laws, the situation is even worse: State officials can seize property without a warrant and need only show probable cause that the booty was connected to a drug crime in order to keep it, as opposed to the criminal standard of proof beyond a reasonable doubt. Instead of being innocent until proven guilty, owners of seized property all too often have a heavier burden of proof than the government officials who stole their stuff. (The American Conservative)
Co00004000stly laptop end run Jan 18, 2010
A spokeswoman for Albany County DA David Soares said disciplinary action was more suitable than criminal prosecution because the case lacked "elements to prove criminal conduct beyond a reasonable doubt.". Paul Larrabee, a spokesman for the Office of General Services, said OGS and CMA are meeting Jan. 28. (Albany Times Union)
Sound Of Silence Simon Bruty/SI; David Paul MOrris/Getty; APRoger Clemens, Barry Bonds and Rafael Palmeiro (L-R) could face legal ramifications if they admit using steroids.Mark McGwire finally came clean, but don't expect other former stars like Roger Clemens, Barry Bonds or Rafael Palmeiro to offer their own admissions, writes Michael McCann. Jan 16, 2010
Prosecutors would also need to prove Clemens's guilt beyond a reasonable doubt, which is a high threshold. Also, while the Justice Department obtains convictions in the vast majority of the cases it prosecutes, most defendants do not have Clemens's financial wherewithal or celebrity. (SportsIllustrated.CNN -- MLB)
'Cloudy with a Chance of Meatballs' Tops Weekly BLOCKBUSTER(R) Hit List of 'Top 10 Rented DVDs' Jan 13, 2010
Beyond a Reasonable Doubt. Public Enemies. (Yahoo! Wire -- Entertainment News)
Lab Band prosecution falters Jan 10, 2010
the DA is incompetent and the youngs are not guilty until proven beyond a reasonable doubt. tu_l_wu wrote on Jan 8, 2010 8:21 AM:Remember folks this is Coos County. (Coos Bay-North Bend The World, OR)
