Dan Hodges believes that the high standard of proof set for the conviction of criminals is allowing too many to go free.
Instead of acquitting defendants unless there is proof “beyond reasonable doubt” that they committed the crime, Mr Hodges wants to change the system so that people can be convicted if it is merely “probable” that they are guilty.
Now it may be, as criminal barrister Dan Bunting has – and I hesitate to use the word about someone like Dan B whom I greatly admire – somewhat sneeringly suggested, that Dan H has just made “a rather silly comment in order to be controversial.” Of course he has a column to write, and it can’t be easy having to think of something interesting to write day in, day out. Certainly if I had to do it I would very quickly run out of material and desperation might well lead me to say anything, however outrageous and absurd, in order to generate a lively batch of comments underneath my column.
But I am afraid Bunting’s airy dismissal of Hodges isn’t really good enough. If changing the standard of proof really is such an obviously silly thing to do, then we need to address his arguments.
Here are 4 reasons why Hodges is wrong. Continue reading “Dan Hodges is wrong on the burden of proof. We must never sacrifice the innocent for the greater good”