We are approaching the motive issue from different directions. All I pointed out was that the prosecution has no burden to establish motive in any case under the rules of American jurisprudence--any first semester law students has already been taught this. Does the prosecution often bring it up? Of course they do (when it is known and provable), but under the American legal system they don't need to. The reason? Often we never know why someone commits a crime. Oswald is a perfect example. After 49 years of studying Oswald and his possible motives for murdering Kennedy the formost scholars of Oswald's life still don't agree. Why? Oswald never said. For that reason motive is not required under the burden of proof in a criminal proceeding. Of course I agree that it helps when motive CAN be established and whenever there is clear and convincing proof of a suspect's motive it is included in the courtroom proceedings but it is not required legally.
Concerning motive and murder. Of course motive is important as to determining whether the suspect is going to be charged with first, second, or third degree murder and this is all part of the case, but if a motive cannot be established (possibly because the suspect is dead as in Oswald's case or in the case of John Wilkes Booth,) the lack of a clear motive does NOT imply innocence. It merely means we don't know WHY the suspect did what they did. And as I point out to my students every semester, Oswald is NOT presumed innocent until proven guilty. We are NOT in a court of law now that Oswald is dead. We are under no obligation to assume innocence of a dead person as we are with an individual currently on trial while living.
I also love the argument the conspiracy cult uses that we must assume Oswald was innocent since he never had a fair trial and therefore is not technically guilty of any offense. I hear this ALL the time. To that I ask if they also presume Hitler never committed any crimes either--remember he never had a trial. What about Jack the Ripper or Charles Whiteman who shot people from the University of Texas clock tower in 1966? And Al Capone was only charged with tax evasion--is that the only crime he committed as well?
It never ends with the conspiracy cultists.
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