Episode 79: Should Prosecutors File Criminal Cases If There's Still Reasonable Doubt?(with Jess Falcis)

TW: Mentions of murder and rape; The theme for Debatable IV's open octofinals is Sociolegal! It is said that due process is nothing more, and nothing less, than the concept of fair play. In most jurisdictions, the right of a person to due process is protected with procedural rules. One of these rules is that a criminal case may only be filed by a prosecutor who finds probable cause that the accused actually committed the crime charged. Supposedly, the probable cause standard makes it so that prosecutors don't file baseless or frivolous cases. However, whether that actually happens is debatable.   That's why this motion reads: THBT prosecutors should use the standard of proof beyond reasonable doubt instead of probable cause when deciding whether to file a criminal case against a suspect.   There is an infoslide: The standard of probable cause is met when evidence exists to prove that the suspect is more likely than not to have committed the crime. A finding of probable cause does not require the prosecutor to inquire whether there is evidence to secure a conviction or whether there is evidence that could exculpate or acquit the suspect. The standard of proof beyond reasonable doubt is met when evidence exists to produce moral certainty, not absolute certainty, that the accused committed the crime. Alternatively, it also means that no evidence exists so as to produce reasonable doubt that the accused did not commit a crime. We thank our Immortal friend Jesus Falcis (in DOTA 2 rankings!) for contributing this motion to our tournament!   00:00 Introduction 1:11 What is the current procedure for instituting criminal cases? 4:43 Why does the prosecutor have the ability to file the case? 7:18 What's the difference between probable cause and beyond reasonable doubt? 11:13 Is it all over when the prosecutor files the charge? 12:46 Framing on opening gov 16:22 Framing on opening opp 20:55 Arguing on opening gov 24:00 Arguing on opening opp 30:50 Extending on government side 36:31 Extending on opp 40:15 Advice for legal motions 42:16 REGISTER TO VOTE!

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