rubycantfail
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rubycantfail

Except what constitutes probable cause as found by the courts has an enormous impact on what happens in practice.

That’s cool that that’s your experience but it’s pretty irrelevant. The point is that in the absence of reasons to think a victim’s statement is unreliable or untrustworthy, they legally can make an arrest based on the statement. And they do, hence the large amount of case law on this topic.

Are you joking? If the DNC says to someone “we find credible evidence supports these allegations so based on your policies, you’re out,” exactly what legal claim is there against them? It’s sure not a defamation suit because they’ve spoken to at least one person who says it happened and all they’re saying is they

But the evidence required to arrest someone can be simply an accusation, assuming you consider a victim’s statement an accusation. The point I was replying to implied that evidence other than the witness’s statement would be necessary, which is often not the case.

It’s really not difficult to talk to witnesses and the accused in a matter of a few hours when everybody is in the same place for a convention. And there’s no reason the police have to release any info - the policy wouldn’t have to require the involvement of the police, it could just involve people from the DNC

First month of law school: your legal rights are only what happens in practice.

But the replacement delegates mean that a party won’t stand to lose anything at all as a result of such a process.

No one is saying that a cop would’ve arrest him based on this. The point is that a credible victim statement is enough probable cause to allow you to be arrested and held. It is enough to take away your freedom temporarily. And it’s sure as hell enough to kick you out of a hotel, because unlike being free from jail,

It happens all the time in practice, actually, and regardless we’re discussing legal rights, not what happens in practice. You can lawfully be arrested and held based solely on a victim’s statement if there aren’t any reasons to believe that it’s unreliable or untrustworthy.

As someone else said, “The electorate also elects alternate delegates to fill in when floor delegates—for whatever reason—are unable to fulfill their duties. So another delegate (representing the same candidate) could have easily acted as a substitute.”

FFS, you don’t have a right to fair trial before a private organization replaces you with someone else who can do your duties just as well. There is no legal entitlement to being a delegate. And there is a lot of room between “only removed for arrests” and “tossed out based on an accusation” - they could easily put a

You realize lots of organizations have policies laying out the process for dealing with alleged sexual assaults, right? It could say “it would be investigated by so and so who will interview all witnesses, the accusers, and the accused, and then determine whether a preponderance of the evidence supports the

Which is why I said they could require it be reported to the police first so the potential for being charged with a false report acts as a disincentive to make things up.

If they have a written process that says “it will be investigated by such and such people, any witnesses and the alleged perpetrator will be interviewed, any other evidence will be evaluated, and they will promptly determine whether a preponderance of the evidence establishes that it happened,” that’s plenty of

You realize that people are arrested and put in jail based on just accusations, right? If you can deprive someone of their freedom based on accusations I’m pretty sure you can kick them out of a hotel.

She probably wants them to promptly investigate, make a determination as to whether it’s more likely it happened than not, and then act accordingly. The DNC is a private organization and he has no legal entitlement to being a delegate, so whatever process they feel like giving him is the only process to which he’s

But so are a lot of other areas, and neither Phelps nor Kalisz are from anywhere near Rockville/Bethesda.

Interesting! I assumed it must be something like that, but had no idea.

Why are so many of the olympic swimmers from Maryland? It’s nuts!

Have you read Missoula? Might answer some of your questions about why sexual assault victims seldom go to law enforcement.