-=> Quoting Steve Kemp to Fred Austin <=-
-> Obviously Steve you know little of law. Eyewitness is hearsay?
SK> Yep.
That definition is still wrong.
SK> When someone tells you they saw a UFO they are doing JUST THAT! You
SK> are just the "I" in your example.
SK> And hearsay IS admissible, but it has to be supported by evidence.
-> You certainly have it backwards.
SK> Nope. Eye witnesses's tend to be wrong, and sometimes even liars. The
SK> need for PHYSICAL EVIDENCE is required.
SK> Thus, UFO eyewitness accounts are not proof. If they were then alien
SK> visitations would be proven. That isn't the case. WHY? Because there
SK> is no valid and substantiated physical evidence to support that
SK> eyewitness testimony.
Roger, you will have to excuse this,but since this now deals with
Ufology, this will be the last legal aspect of this strange twisted debate,
First Steve, I corrected you on legalities concerning courts. Ufology is
not a criminal issue. It is not a crime to claim to have seen a UFO, nor
is the court system going to prosecute such a person, nor can a court
substantiate a claim, as you say without "physical evidence". No one has
tried to bring a case for UFO's to court, to what end. They have tried to
take the NSA /CIA to court for "withholding information from the public"
but that was squashed under the National Security clause. Without hard
physical evidence it is difficult to prove a crime existed (legally),as it
is to prove a UFO exists (legally).
I do not see the point of trying to twist legal definitions around to
UFology, it resolves nothing, because these definitions are applicable to
criminal trials. But as you wish.
1: As above "Eyewitness tend to be liars and wrong": If liars its called
perjury, and punishable by jail, attorneys challenge "eyewitnesses", and
attempt to dissuade juries as to their credibility,or relevance,depending on
the case. No UFO case has ever been brought to court, because what would a
jury do with such a case. In truth, if enough credible people were
assembled, a jury may find for the case and witnesses, but to what end.
None.
2: Eyewitness is not hearsay,
Ok, my last word, under Canadian law,from a book on Canadian law, for
what it is worth,if other countries are different so be it....
[from section "how our legal system works", You And The Law. 1978.]
And quote:
Items of what is called circumstantial evidence are considered as valid
evidence if they give support to the prosecution's case that the accused
performed the criminal act. While such testimony will usually be
corroborated by independent evidence, this is not essential for a
conviction. As a general rule, hearsay will not be permitted as
evidence,because the original speaker is not in the witness box under oath.
In a murder case,an exception is sometimes made for remarks attributed to
the deceased before his death.
So therefore Steve if all eyewitnesses are hearsay, I guess we would
certainly have very few trials....... This case is closed.
Happy Trails,
Fred.
--- Blue Wave/DOS v2.30
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* Origin: Juxtaposition BBS. Lasalle, Quebec, Canada (1:167/133)
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