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Change the test of all courts to beyond any doubt whatsoever based on the evidence

Comment 4th September 2010

I would like to see the test in all courts changed to "beyond any doubt whatsoever based on the evidence". I don't think the test of "on the balance of probabilities" is tough enough and leads to miscarriages of justice in the civil system. I also think that the test of "beyond reasonable doubt" in the criminal courts isn't tough enough. If people on the jury or a judge has any doubt at all then they shouldn't be convicting.

Why does this matter?

It's important as I don't believe the current tests are tough enough – and lead to miscarriages of justice of all sorts.

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