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    News and Articles on Shifting The Burden Of Proof



    Pa. Senate approves open records bill  Nov 29, 2007
    In disputes with the state s executive branch and local government agencies over access to a record, both bills also give a leg up to a person requesting the record by shifting the burden of proof off the person and onto the government agency. Open-records advocates say the new House bill is stronger, particularly when it comes to legislative records. (Carlisle Sentinel, PA)

    Leader: Spanish lessons for Britain  Nov 1, 2007
    Spanish lawmakers are also looking at new laws on control of explosives and at shifting the burden of proof in some terror cases. No one should suppose that Spain's system is perfect. (Guardian Unlimited)

    * Chief Justice Puno mulling wider powers for judiciary  Aug 7, 2007
    The summit recommended shifting the burden of proof on to the state in cases of political violence where the government refused to provide vital evidence and also called for a revival of peace talks with the communist New People's Army (NPA). Under the 1987 Constitution, the Supreme Court can expand its authority to protect the constitutional rights of citizens. (Taipei Times, Taiwan -- Business)

    The Most Important Political Trick In The Book  Jul 25, 2007
    Longcrier's question is symptomatic of a broader strategy implemented by proponents of "progressive" values: shifting the burden of proof ... But by shifting the burden of proof to proponents of traditional moral values, same-sex advocates like Longcrier avoid having to make an affirmative case for tearing away tradition ... Longcrier's question is symptomatic of a broader strategy implemented by proponents of "progressive" values: shifting the burden of proof. (Townhall.com)

    Medical marijuana violation arrests soar in Siskiyou  Jun 21, 2007
    They are shifting the burden of proof to the defendant. -- Grand juries vs. preliminary hearings. (Mount Shasta News, CA)

    McSlarrow Calls for FCC Reform  May 17, 2007
    Shifting the burden of proof might sound like a very radical step, but I think it is a necessary step. . (MediaWeek.com)

    Man claims county has his Escalade, cash illegally  Feb 7, 2007
    A contested civil forfeiture hearing to decide the case began Tuesday in Missoula District Court, where Branam and his attorney, Martin Judnich, earned some slack by shifting the burden of proof back into the hands of county prosecutors. According to Judnich, his client was unfairly stripped of his property and of his rights when the county declared ownership over the cash, car and weapon, but never charged him with any drug-related offense. (Missoulian, MT)

    Crackdown on therapists who abuse vulnerable  Jan 28, 2007
    It is also expected to recommend shifting the burden of proof, although ministers will say that in cases where a doctor faces the removal of his livelihood the evidence must be more robust. A Department of Health spokesman said the plans were not yet fully finalised, but added: 'We are committed to a system of professional regulation that ensures patient safety and is fair to professionals. (Guardian Unlimited)

    Dangerous policy  Jan 19, 2007
    Louis Lazaro, an attorney for a Bradenton man challenging use of the waivers, pointed out in a court hearing this week that the policy is shifting the burden of proof to the individuals questioned by police. These individuals, some of whom are never even charged with a crime, face three choices: (1) Try to prove on the spot to an officer that the money or property in question is legally theirs, (2) sign the waiver, or (3) face a court fight to keep what's theirs. (Herald-Tribune)

    Rape law reform roils Pakistan's Islamists  Nov 17, 2006
    The new law, passed Wednesday, would empower rape victims by shifting the burden of proof. By David Montero | Correspondent of The Christian Science Monitor ISLAMABAD, PAKISTAN Putting an end to a skirmish but not to the longer battle, Pakistan's lower house of parliament voted on Wednesday to amend the Hudood Ordinances, the country's religious-based laws that govern rape and vice. (Christian Science Monitor)

    Pressure to break-up Home Office  May 1, 2006
    The chairman of the home affairs select committee, John Denham, did not call for the break-up, instead focusing on problems such as shifting the burden of proof so it is assumed in law that foreign prisoners will automatically be deported on completion of their sentence, rather than it marking the start of a legal wrangle. Ministers have long been aware of the case for breaking up the department. (Guardian Unlimited -- UK)

    Many officials defying law on reporting wealth  Apr 6, 2006
    "However, they will be very valuable for prosecutors once the principle of shifting the burden of proof (onto corruption suspects) is made law," he said. More News. (Jakarta Post, Indonesia)




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