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To: JJ_Folderol
-- So `association' is sufficient to arrest and indict, but a trial and conviction would require an additional and specific criminal charge since the burden of evidence for the state changes from indictment to trial. --

Association is not sufficient, as a matter of law.

The criminal prosecution process goes through phases - investigate, arrest, pretrial, trial. The burdens on the state vary as this process moves along, but all steps involve something referred to as "evidence."

The amount of evidence required to support investigation is fairly small, but not zero. To deprive a person of their liberty against their will, to arrest them, requires probable cause that the person committed a crime. At some (hopefully reasonably short) time, the state is required to formally make its accusation. This is called indictment or charging. The weight of evidence can be minuscule, but the allegation has to be complete, and each element has to have some evidence associated with it. Trial is where the evidence is subjected to the "proof beyond a reasonable doubt" standard, and by the time a case gets to trial, it is well established that evidence exists for every element of the alleged crime.

-- The mass arrest only works unilaterally then: the group can be arrested en masse for association, but individual adjudication is required for release if no additional charges can be found. --

There is no legal justification for the mass arrest. The state violated due process for most of the accused. Association is not enough evidence to support even probable cause a crime has been committed. Correcting this violation of rights will take time, and I expect the courts will perpetrate or continue the violation. If the court followed the law (it won't) it would have released Clendennan unconditionally, no bail, no ankle bracelet. The state has failed to support its allegation that Clendennan committed a crime.

-- If Clendennan is released, then legally it has no bearing on what happens to the other folks arrested. --

Generally correct. The state has the opportunity to present its evidence for every accused.

36 posted on 07/03/2015 8:15:56 AM PDT by Cboldt
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To: Cboldt

>>> There is no legal justification for the mass arrest. The state violated due process for most of the accused. Association is not enough evidence to support even probable cause a crime has been committed. <<<

I guess that’s pretty much the bottom line, isn’t it?

Now we know why we’re hearing nothing from the DA: “When you’re up to your nose in excrement, don’t open your mouth!”

Again, thank you for your patience and consideration.


37 posted on 07/03/2015 8:57:50 AM PDT by JJ_Folderol (Diagonally parked in a parallel universe...)
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