Jon, How sure do they have to be before it can be used as evidence? Can they just say the defendant is the author, and leave you to prove it isn't?
On the issue of asking wannabes for legal advice...
IMO
It says a lot about where we are as a nation, when the laws are so numerous, so complicated, and so contradictory, that it takes a professional to explain them, and those who don't ask, or ask the wrong person, might end up in prison. It's past the point where ignorance of the law should be considered a defense.
Originally Posted by PODarkness
As a non-lawyer, I can tell you this. The prosecution has the burden to prove beyond a reasonable doubt that the defendant is the author of a review. Sure, they can say to a jury that a) there is a defendant and b) there is a review and c) their theory is that the defendant wrote the review. If that is all that they present, there is reasonable doubt. The prosecution has to prove the theory. They have to present evidence. The review alone is not enough evidence. They will need computer records and forensics to actually prove beyond reasonable doubt that the defendant wrote the review. We saw this in the Casey Anthony case. The prosecution claimed Casey used the web to search for chloroform. They had to get records to prove this. They just can't claim so-and-so did this without the evidence.
As for your comment on our status as a nation. I agree 100%. We have too many stupid laws on the books. The government is way too intrusive. We need to go back to the basics. Don't murder-- pretty plain and simple. Don't steal-- pretty clear and simple. Don't beat anyone up-- pretty simple as well. We've gone way off tangent with our drug and sex laws. I don't do drugs; never have done drugs; never will do drugs. I find it ridiculous that we lock people up for decades b/c they happen to have some drugs in their possession. Also, who cares about what 2 consenting adults do in private. I might not personally agree, but as long as nobody is getting hurt, what's the big deal. We could reduce the burden of our prison population by tens of thousands by not having so many dumb laws on the books.