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Minnesota trial to remove Trump from 2024 election ballot begins
(www.nbcnews.com)
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this post was submitted on 02 Nov 2023
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Conviction might be helpful, but is not actually necessary for this to work.
I'm confused about this as well. Why is this trial happening before one that would bring criminal charges for the insurrection to lock him up? If he lost such a trial, he would be automatically banned from running, right? Or is the required evidence different for this one and that's why they go with it?
I think it's about the burden of proof required.
In the states cases it's just "beyond reasonable doubt" that is required. I.e. would a reasonable person (one with a brain and no particular axe to grind), believe that there is an equal to or greater than 50% possibility that he did commit the crime. If they do then it meets the burden of "beyond reasonable doubt".
It doesn't violate his rights because he hasn't actually been accused of the crime, it is just the courts stating that they think it's more likely than not that he did commit the crime.
He will probably double down and demand a criminal case, but that doesn't matter because there's already one in progress anyway. It also won't get his name put back on the ballot.
You're totally correct, but you got a term backwards. You're thinking "preponderance of evidence". That's the one where it's just "better than even odds".
"Beyond a reasonable doubt" is for criminal cases, and is "if there's any reasonable explanation other than them doing it then they're innocent".
Not guilty. Innocent refers to the fact that a defendant could have in no way committed the crime, where as not guilty does not presume innocence, but states that the prosecution has not met it's burden to prove guilt.
Additionally, for context, the three burdens of proof are:
beyond reasonable doubt - most likely in criminal cases where prosecution has the burden
clear and convincing evidence (typically in custody/family law)
propondedance of evidence - most likely in civil cases where the plaintiff has the burden
And then you can expand to probably cause and reasonable suspicion for warrants or HHS intervention in child abuse cases...