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A short primer on "evidence"

Posted on 11/10/10 at 1:23 pm
Posted by Prodigal Tiger
Upper West Side, New York City
Member since Aug 2005
1882 posts
Posted on 11/10/10 at 1:23 pm
I have seen a number of posts that point out, incorrectly, that there is no "evidence" of any wrongdoing by Cam Newton. This is incorrect because witness statements or testimony certainly qualify as evidence under any definition of the word. So if several people from MSU are saying that they were approached for money, or were told that other people were offering money, then that is evidence against Cam Newton.

I think what you all are trying to say is that there is no documentary evidence, or no tangible something-I-can-hold-in-my-hand evidence. That certainly seems to be the case at this point. But to keep saying "there is not one shred of evidence" is just wrong.

/rant
Posted by slacker130
Your mom
Member since Jul 2010
7979 posts
Posted on 11/10/10 at 1:30 pm to
Not really evidence unless sources are identified and statements are made. Un-named sources are not evidence or am I missing something?
Posted by DeltaDoc
The Delta
Member since Jan 2008
16089 posts
Posted on 11/10/10 at 1:34 pm to
quote:

Not really evidence unless sources are identified and statements are made. Un-named sources are not evidence or am I missing something?


Just because they are un-named sources to the public doesn't mean they are un-named to the SEC, NCAA or FBI for that matter. People get convicted for murder every week in this country on circumstantial evidence. If there are indeed tapes, then you have direct evidence of solicitation and strong circumstantial evidence against Auburn.
Posted by NOTORlOUSD
Houston, TX
Member since Sep 2010
5051 posts
Posted on 11/10/10 at 1:36 pm to
How about no evidence that has been made public. Can we agree on that?
Posted by NBamaAlum
Soul Patrolville
Member since Jan 2009
27604 posts
Posted on 11/10/10 at 1:38 pm to
quote:

Un-named sources are not evidence or am I missing something?


Confidential informants, and their remarks, are used all the time. Now, other evidentiary items must be introduced to satisfy the requiste burden of proof in corroborating the aformentioned...but the threshold is much lower in earlier stages, i.e issuance of a warrant/subpoena.

Don't forget, these are all courtroom matters. The NCAA can use whatever it pleases.
This post was edited on 11/10/10 at 1:39 pm
Posted by Prodigal Tiger
Upper West Side, New York City
Member since Aug 2005
1882 posts
Posted on 11/10/10 at 1:39 pm to
quote:

How about no evidence that has been made public. Can we agree on that?


Not really. I mean it has been made public that two MSU recruiters have stated that they had conversations with Cam and his Dad about money. That is called evidence. Could the evidence be made up? Sure it could, but any evidence could be made up.

It's not the best evidence, and it's not as good as tapes or bank records, but it is real evidence that could be put before a jury.
Posted by FinkyStinger
Georgia
Member since Jan 2009
1857 posts
Posted on 11/10/10 at 1:43 pm to
This isn't a courtroom. The NCAA can do what they want.
Posted by NBamaAlum
Soul Patrolville
Member since Jan 2009
27604 posts
Posted on 11/10/10 at 1:46 pm to
This. See my post above. People are losing sight of the forest due to focusing on a tree. The NCAA sees something they feel comfortable running with...it's over.
Posted by Angry LLAMA
the energy capital of the world
Member since Mar 2009
2731 posts
Posted on 11/10/10 at 1:51 pm to
id say theres circumstancial evidence and some dots that have been connected. but no, as of right now, theres no $200K deposit slips in the newton's bank accounts
Posted by heartbreakTiger
grinding for my grinders
Member since Jan 2008
138974 posts
Posted on 11/10/10 at 1:52 pm to
imo more aubbies are caught up on the ncaa having to have hard evidence when they dont. this isn't court this is the ncaa
Posted by heartbreakTiger
grinding for my grinders
Member since Jan 2008
138974 posts
Posted on 11/10/10 at 1:53 pm to
quote:

This isn't a courtroom. The NCAA can do what they want
exactly they had no hard evidence that lester earl was paid to come to LSU yet they hammered us with it like we would give some scrub money to shite all over the court
Posted by mkemp0113
Member since Dec 2007
1200 posts
Posted on 11/10/10 at 1:55 pm to
quote:

The NCAA sees something they feel comfortable running with...it's over.


Absolutely correct. And why would anyone believe that the NCAA would involve the FBI if there wasn't something there?
Posted by WelcomeToDeathValley
1st & 1st
Member since Aug 2006
16947 posts
Posted on 11/10/10 at 1:56 pm to
quote:

NBamaAlum


cropped version is pretty priceless
glad someone was able to do it
Posted by NBamaAlum
Soul Patrolville
Member since Jan 2009
27604 posts
Posted on 11/10/10 at 1:59 pm to
It is money for sure. Thanks again.
Posted by WelcomeToDeathValley
1st & 1st
Member since Aug 2006
16947 posts
Posted on 11/10/10 at 2:00 pm to
no worries
Posted by The Virginian
Baton Rouge, LA
Member since Apr 2008
221 posts
Posted on 11/10/10 at 2:02 pm to
La. C.E. art. 802


-Yeah, it's evidence, but it's inadmissible.
Posted by Thundercles
Mars
Member since Sep 2010
5016 posts
Posted on 11/10/10 at 2:03 pm to
Friend pointed out to me last night that the NCAA does not operate in a court of law. They don't have a burden of proof and they don't have to prove anything beyond reasonable doubt. They do whatever the hell they want.
Posted by NBamaAlum
Soul Patrolville
Member since Jan 2009
27604 posts
Posted on 11/10/10 at 2:07 pm to
I am not licensed in La., so I'm not up on the Nap. code...but under the ARE's and FRE's some of this stuff would get it as exceptions to 802.


*edit* Again, this is irrelevent to the discussion as the NCAA isn't a judicial body in the classic sense.
This post was edited on 11/10/10 at 2:09 pm
Posted by deaux68
Tuscaloosa
Member since Dec 2007
5283 posts
Posted on 11/10/10 at 2:09 pm to
Not too mention that this is the NCAA and not the American judicial system.

We learned that hearsay, especially from coaches ("recruiters" at MSU) is basically the gospel according to some NCAA investigators.
Posted by White Tiger
Dallas
Member since Jul 2007
12830 posts
Posted on 11/10/10 at 2:09 pm to
Sources have been named e.g. John Bond...
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