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I -- told you know about the sad terrible terrible story ordered Paul Young woman in California she hanged herself.
In September -- Suffering want to have -- media says was relentless bullying it focused on.
Pictures that would take him all of our off does she was allegedly raped by some teenagers that.
One sees pictures started being shown Iran she felt that the her life for being ruined.
In fact she wrote on her FaceBook page.
The whole school knows this is -- hot Saratoga high school in these -- the Bay Area.
My life is ruined she wrote eight days later September the tenth.
She hanged herself.
Now it appears that.
Law enforcement -- gonna go and take another look at this case.
And possibly charged the team's involved in the alleged right judge Napolitano is here for his weekly audience with -- great to see Johnny it was a pleasure no matter what we're talking yeah this is them.
Terrible terrible case what.
Is the case against these teams here is it purely.
Assault rape or is that something else in terms of the bullying Allen was I understand it narrow the cases only.
Assault in fact it's.
It's simple assault.
It it is an even felony assault that isn't even an assault for which one would go to jail if one.
Pleading guilty or or were convicted and but the interesting thing is to me and and property your audience what -- the authorities do next.
This is a a virgin area of the law because there are not many cases and they certainly know appellate cases to give guidance.
We start with the presumption that the law makes.
Which is that everyone is presumed to intend.
The natural and probable consequences of their behavior.
So is it natural and probable.
That by assaulting her and taking pictures of her.
In the -- position whether the picture takers are obvious alters or somebody else and that she would kill herself.
Well there is a track record of people who have been believed it to this extreme degree with photographic evidence.
Of killing themselves -- the other hand it's it's a -- track record.
So the government will will be breaking new ground.
If it charges the picture takers.
With being complicit in her suicide.
And normally suicide is committed by an individual who has horrific demons within him.
Or herself can somebody who fanned the flames of those demons.
Responsible for the suicide and if they are -- -- a criminal responsibility in which case the state pursues them.
Looking for jail time.
Or is -- a civil responsibility.
In which case her family would pursue them.
Looking for a damages looking for money looking for compensation for the loss of her life that this would all of burgeoning area of the lord John I don't know where it's coming out which of those this.
Unlikely that could that did their pursued criminally or axis or it's a civil case or do they need -- do they need a criminal verdict the family before they -- this unit.
Effective civil -- all great questions as as a practical aspect criminal cases go first so as a practical aspect even at the family filed a civil suit.
The the defendants' lawyers.
Presumably different lawyers defending these boys.
In the civil case as defending -- and acrylic case just because lawyers specialize in because the lawyers in the civil case might be paid for by the parents homeowner's insurance carat center but that defense lawyers would.
Go before the court and -- the case -- stayed.
Put it in advance and until the criminal case -- -- -- the state wants that as well they don't want something happened in the civil case.
That would upset their apple cart in the criminal case.
However there's a couple of factors here one is the criminal case is far more difficult to prove.
Because in a criminal case the state has to prove beyond a reasonable doubt and to a moral certainty.
That this is what was intended.
In a civil case the -- proof is far less the severed civil cases say preponderance of the evidence if we were to put this on a scale of of the 1200.
The criminal proof would be somewhere around 99.
The civil proof would be somewhere around 51 -- -- so it's a lot less.
Quantity of evidence and certainty.
-- proof when necessary in order to persuade the civil jury on the other hand.
Prosecutors have unlimited budgets.
Plaintiffs' lawyers in civil cases do not been so you have about a variety of factors here.
One there's plenty of money but it's highly -- -- the other there's not that much money but it's a lower legal group.
But just that but for the family to say just to go back back -- point for the family to say -- clearly killed herself.
All of the assault and because of the humiliation all pictures then being published that's not enough.
In terms of in terms of the criminal case it's not -- prosecutors have to get to the point where they say these people knew that that could -- -- comes great.
If it's not really not enough in either case -- an -- -- our hearts go out to the family issue and I'm sure that they believe this and their belief may be accurate but they are -- -- alone.
Is not evidence.
Evidence comes some facts.
Not from belief.
So the facts would consist of texts or emails or communications among the boys as they were distributing.
The facts would come from.
Witnesses and forensic evidence.
Surrounding the assault that is the only type of evidence that the government could introduce -- that her -- lawyers have a civil case.
Could introduce is not the opinion.
Of the victims survivors says as as valid as that may be -- as accurate as that may be it -- relevant to the facts.
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