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Comment by sdhgaiojfsa

Here's how it works. If those were the only charges, then your standard of proof would be "beyond a reasonable doubt" (i.e. 97-99% likely). They aren't. Since the other charges were already proven beyond a reasonable doubt, the defendant is already going to be incarcerated for the statutory thirty years to life. Now the judge has to decide how much time to give. If the defendant is a saint who made a mistake, maybe they get thirty years. If the defendant is the devil, they might get life. I don't know what standard of evidence the judge is required to use to make this decision, but I'm under the impression that it is not "beyond a reasonable doubt." It is probably more like, "preponderance of evidence," (>50% likelihood). So if the judge believes the most likely scenario is that the defendant is a super bad guy, they might give a harsher sentence.

As an aside, epistemically, you seem to be confused about the meaning of "evidence." Evidence is stuff that causes you to believe something more. Evidence does not imply that there is a 100% certainty of something being true.

parent sdhgaiojfsa 8 years ago

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