Now, while there is a likelihood that the man being accused did assault and rape his wife. No one associated with the FRS denies such evil and criminal men exist. Yet, just because there exists a likelihood that a crime has actually occurred, there is no way for officers arriving on the scene to be sure. There is also a possibility that the woman was making a false claim in order to get her husband into serious trouble, for instance, to gain the upper-hand in her plans to divorce him.What slwerner disregards in this statement is probable cause.
From 'Lectric Law Library:
PROBABLE CAUSE - A reasonable belief that a person has committed a crime. The test the court of appeals employs to determine whether probable cause existed for purposes of arrest is whether facts and circumstances within the officer's knowledge are sufficient to warrant a prudent person to believe a suspect has committed, is committing, or is about to commit a crime. [...]Slwerner's statement admits that there were grounds for suspicion that this husband committed a crime which means there was probable cause. However, this probable cause is supposed to be ignored because of generic speculation about vindictive wives plotting their divorce strategies. No evidence of this possible plot is required for slwerner to demand that it be treated as if it were actual evidence which should impact the handling of the case.
When there are grounds for suspicion that a person has committed a crime or misdemeanor, and public justice and the good of the community require that the matter should be examined, there is said to be a probable cause for making a charge against the accused, however malicious the intention of the accuser may have been. And probable cause will be presumed till the contrary appears.
This is a demand for bigotry to prevail. But those who make this demand try to spin their bigotry into nothing more than a support of an unbiased response.
Addendum: If probable cause exists when someone is arrested the probable cause behind this arrest does not suddenly cease to exist if the prosecutors decide there isn't enough evidence to prove the suspect's guilt beyond a reasonable doubt or if evidence is later found or presented which clears the suspect.
So when people try to use the outcome of a case as proof that there was no probable cause for the arrest, their alleged proof is meaningless.
Labels: false rape