Harvard law Professors Condemn Campus Sex-Assault Policy

A group of Harvard Law School professors condemned the university’s new sexual misconduct policy, saying it violates the rights of the accused and “departs dramatically” from current law. Full Article

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Its time for the Supreme Court to get more involved with getting these unconstitutional rules and laws reversed. It should be a requirement that anyone in government involved with decision making that effects the people, be required to take a constitutional law class.

Something California (especially college campuses) needs to ponder especially after the Cal Berkeley student who had been accused of rape has just been cleared and proven factually innocent of the charges against him just yesterday. But not after a week long publication of his name, picture and calls for blood.

http://www.mercurynews.com/crime-courts/ci_26750498/uc-berkeley-student-exonerated-rape-case

“The school also adopted the U.S. Education Department’s recommendation to use the “preponderance of evidence” standard in adjudicating cases, meaning that an incident is more likely than not to have occurred. ”
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I would have no problems with this provided the penalties for the accuser were as harsh if not more severe if the accused were found innocent. If we’re going to seek justice for the accused than there has to be balance.
Take the case of Brian Banks as an example. He was coerced into a plea when threatened with a possible fate of 41 years to life in prison. He served five years. He was later exonerated of rape charges after the accuser confessed to making up the rape and kidnapping charges.
How much time should the guilty party or the accuser have to serve considering not only the time Mr. banks spent in prison, but also for the damages done to those who’ve actually been raped placing doubt as to their sincerity. I know she was sued by the school district to compensate for her lawsuit against them. Is that it?
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Gibson’s (his accuser’s) deception may lead to dialogue concerning punishment of those who fabricate being raped. Currently, there are no formal negative consequences for those who file a false report. The accusers never have to fully admit that the report was a lie. It is rare that legal actions are brought against the accuser. When done, in most places, the charge is only a misdemeanor.
http://rev-elution.blogspot.com/2013/06/brian-banks-is-not-only-victim-of.html
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“Preponderance of evidence” puts too much power in the hands of the D.A. in my opinion and limits the ability to conduct a fair trial. I too accepted a plea and was never heard except by those who know, love, and still respect me