Impeachment Technicalities

Steve Russell
Jan 30, 2020 · 7 min read
Justitia, Goddess of Technicalities Photo from Pixabay

In my judicial career, I quickly learned that a technicality is a rule of law that leads to a result displeasing to the speaker.

Preponderance of the evidence — the fact to be proven is shown to be more likely than not, the burden imposed on a plaintiff in a civil case.

Clear and convincing proof — a burden imposed in cases which — while not criminal — have far greater impact than having to pay money damages. The government must meet that burden to hospitalize you against your will or to take away your children.

Beyond a reasonable doubt — the burden in a criminal case, where the penalty ranges from some hours of community service to death.

Scene of the Crime Photo from Pixabay

Intentionally

Knowingly

Recklessly

With criminal negligence

The National Discussion

The home of opinions on American politics and policy.

Steve Russell

Written by

Enrolled Cherokee, 9th grade dropout, retired judge, associate professor emeritus, and (so far) cancer survivor. Memoir: Lighting the Fire (Miniver Press 2020)

The National Discussion

The home of opinions on American politics and policy.

Steve Russell

Written by

Enrolled Cherokee, 9th grade dropout, retired judge, associate professor emeritus, and (so far) cancer survivor. Memoir: Lighting the Fire (Miniver Press 2020)

The National Discussion

The home of opinions on American politics and policy.

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