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Thread: 90-year-old German ex-soldier sentenced to life in prison

  1. #31
    Join Date
    Jan 2010
    Location
    Phoenix, AZ
    Posts
    334

    Default Re: 90-year-old German ex-soldier sentenced to life in prison

    Quote Originally Posted by Uyraell View Post
    As to this 90 year-old being sentenced as guilty, the idea is ridiculous. In no way would I, or many, be convinced the "Burden of Proof" had been met , let alone met to any degree resembling "Beyond Reasonable Doubt" - which two Qualifications have, in English-speaking Jurisprudence at least, long been enshrined as foundationstone and keystone of Justice.

    Regards, Uyraell.
    Don't forget that German jurisprudence is very different from any based on Anglo-Saxon Common Law. There is no right to a jury trial in German law; Judges are the sole "triers of fact." In very serious cases where the penalty may be life in prison, or very complex cases, the court may try the case before a panel of up to five judges, but a simple majority may convict.

    Also, in German law, there is no requirement for finding that the evidence establishes guilt "beyond a reasonable doubt". If it seems reasonable to the majority of judges to believe the defendant is guilty, that 's all it takes to convict.

    As for "circumstantial evidence", even English and American jurisprudence allows convictions based solely on circumstantial evidence; defendants are convicted everyday in the US and Britain based on "circumstantial evidence". The only requirement is that it convince the trier of fact beyond a reasonable doubt.

    Despite what was reported in the news media, we have no idea how convincing the evidence was or what it consisted of; the news media is notorious for miss-reporting evidence in legal proceedings. German law has different rules of evidence from Anglo-Saxon law; hearsay evidence, for example, is admissible, as are depositions, if the witness is absent. While German law is quite different from British or American law, legal experts who have studied it, contend that it is fair and usually dispenses justice as well as any other system.

  2. #32
    Join Date
    Jan 2009
    Location
    New Zealand
    Posts
    1,087

    Default Re: 90-year-old German ex-soldier sentenced to life in prison

    My Thanks, Wizard, for pointing out the differences between the German and Anglic Jurisprudences.
    I'd not stopped to consider the influence the differences would have.

    Kind and Respectful Regards Wizard, Uyraell.

    "Honi-Soit Qui Mal'Y Pense." :
    "Ill unto he who ill of it thinks."
    Edward III, Rex Britania, AD1348.

    "Wenn Schon, denn schon."
    "Be It Done, Best be It Be Done Well."
    Known German adage.

    "Until you have looked into a veteran's eyes and actually seen it,
    you'll never fully understand."
    ^Uyraell^

    "Aligaes : Amore vel Ira." :
    "^Winged Ones^ : Love or Wrath."

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