The idea of “a preponderance of the evidence” or as “more likely than not” is used in civil cases. Another standard aside from that and “beyond a reasonable doubt” is “by clear and convincing evidence.” It’s difficult for most people to tell the difference between all these varying standards. These are fictions created by the…
Category: Massachusetts Justice System
In examining this case it is necessary to look at different aspects of the justice system to give people a better understanding of what is going on.
Having The Judges Do Their Jobs
I mentioned how David Boeri and David Frank’s article Ortiz Under Fire got me thinking about other happenings in the justice system. I’ve told how I believe the cops are running the show in the Boston U.S. Attorney’s office. But there is another aspect to that story I’d like to speak about. I’ve pointed out in…
Wonderings About This And That: The Judiciary
The Judiciary: The argument before the First Circuit Court of Appeals on whether Judge Richard Stearns should step down from handling the Whitey Bulger case happened on January 8 of this year. The issue seemed quite simple and clear-cut. It called for a yes or no answer. The judges on the panel were the most…
The Perfect Storm In Ortiz’s Office
Over the last two days I’ve written about David Boeri and David Frank’s article Ortiz Under Fire. Boeri has been one of the best writers in the matters surrounding Whitey Bulger. He has approached the matter from what I’d call “an investigative reporter” point of view. He considers all sides and puts his long experience to…
Identifying The Scent
David Boeri and David Frank’s article Ortiz Under Fire was about three cases where the defense lawyers who won them suggested that had they been properly vetted the charges never would have been brought. To me, that’s a devastating charge. The consequences of being charged with a crime: destruction of reputation, depletion of assets to defend oneself,…
The Scent Of A Problem
How the mighty have fallen. Carmen Ortiz who enjoyed a Hollywood-like existence as the US attorney in Boston has tripped up and the gang is piling-up on her. Margery Eagan took a shot at her and now I see Dave Boeri and Dave Frank have followed up. I’m tempted to say welcome to the club….