No matter what we think happened, we do not convict people on an accusation…
When two people make a claim, especially a claim of criminal activity, we, as a society, have determined that fairness is essential to everyone involved. This is different than most other countries.
The concept of innocent until proven guilty is all that separates us from the power of government to simply accuse you and throw you in jail. The accusation being enough to prove guilt.
When it comes to the Kavanaugh hearing we see Dr. Ford make a claim. She then provided the names of people who could help prove her claim, and then she testified.
Judge Kavanaugh then responded to the claim with a profession of innocence.
Justice requires us to then look at the evidence presented by both parties, with the presumption of innocence given to the accused.
Dr. Ford provided a story, her side of the allegation and she presented it in a way that looked credible. I say look because that is how people judge others in these kinds of hearings.
She looked upset and genuine as she gave her account.
Unfortunately for Dr. Ford, the accusation alone and a good presentation is not enough for a conviction.
She presented the names of 4 people that she said were her proof, the people who could corroborate her accusations. In our system, these kinds of witnesses are very powerful and can be used to convict.
Unfortunately for Dr. Ford, none of her four witnesses could corroborate any of her story and in fact they refuted her story and her account of the allegation.
This is evidence.
Dr. Ford could not remember where the party was held, who was the host or hostess; how she got to the party and in my opinion the very important point – who came to pick her up from that house, and presumably who she told about the incident.
This person would be considered a “Fresh Complaint” witness. A fresh complaint witness is considered by the courts to be inherently reliable, which is powerful evidence.
All of this is missing, but she is positive it was Judge Kavanaugh.
In essence she does not have any evidence at all.
No matter what we think happened, we do not convict people on an accusation.