1. @tanehisicoates is writing some useful tweets on the folly of using the criminal justice system as only & final arbiter of truth.
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Replying to @HeerJeet
2. I want to supplement
@tanehisicoates's comments.1 reply 5 retweets 6 likes -
Replying to @HeerJeet
3. There is a big difference between what we can reasonably surmise and what a court decides is truth.
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Replying to @HeerJeet
4. The bar of evidence that a criminal court sets is very high, for very good reasons. We shouldn't jail people without strong certainty.
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Replying to @HeerJeet
5. Moreover, courts are not solely interested in getting at the truth. Also has competing goals such as social control & legitimizing state.
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Replying to @HeerJeet
6. One way to think about this is to compare what we are fairly certain of historically with what has been proven in court.
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7. Stalin & Mao were never convicted of crimes against humanity in a court. Yet I'm confident in describing them as mass murderers.
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8. Very few (if any) slave-owners were ever convicted in court of raping their slaves. Yet we have good reason to think it happened.
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Replying to @HeerJeet
9. The reason we can reasonably assume many slave-owners did rape their slaves; from testimony of slaves & from genetic evidence.
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Replying to @HeerJeet
10. To pick an example close to the current controversy, the writer Arthur Koestler was never convicted of rape in court.
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11. Yet we have the testimony of several women that Koestler raped them. That testimony can't be dismissed in any evaluation of Koestler.
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Replying to @HeerJeet
12. Based on my own reading of the case against Koestler, I'm willing to say he was a rapist. Some biographers agree, others hesitate.
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Replying to @HeerJeet
13. If Cosby is charged, I want him in court to get the full benefit of reasonable doubt everyone charged with a crime should get.
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