Burden of Proof

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Posted by Common Right Group on July 28, 1997 at 20:03:16:

Hi to everyone,
We have noticed a large number of postings here on the SLF Forum that make assertions and declarations. When one makes an assertion or declaration, that same one accepts the burden of proving the veracity of his statement.
On the other hand, when one asks a question, that someone has shifted the burden of response and proof to the other party.
Why did we mention this and post it here in front of the Creator and everybody? Because, when you are dealing with the Police Power of the State, many of us (SIC) Patriots have developed the misquided bad habbit of being argumentative and uncooperative with the State's agent. They have already been trained to believe and are convinced that we are a "violator" who needs to be arrested or sanctioned. They don't know any better.
So why do we, after they have told us that "anything we say or do can and will be used against us in a court of law" do we go on about the task of proving that to ourselves. That is as good a time as any to shut up, double the fists, place hands in pockets, and develop the countenance of a dumb look.
Many foreigners here in America, either for transitory or permanent reasons, are absolutely shocked and appalled at how easily most Americans give up their rights. Think about this from the point of view of those who have come from war ridden countries, like Bosnia and others like that. They have learned not to tell anyone anything they don't absolutely have to.
So, the Banker or the DMV requests you Social Security Number, your D.O.B., and your Address." Go ahead and give it to them without knowing whether or not it is required of you by law. Sure, they say that THEY NEED, and that they have the authority of law to ask. No problem. Where is the mandate of Law that you answer? (note that we just asked a question, not made a statement - thus following our own 'advice'.)
We just thought it was time to begin to help all you good folks get a better mindset on the basis of our spending huge amounts of time trying to help others out of holes they have dug for themselves. No wonder attorneys charge so much money for their services! Maybe we'll develop a charge and fee schedule for help based on the depth of the hole one has dug himself into. eg.: Smell of marijuana detected in trunk of automobile after permission has been given to search or 'voluntarily' opening the trunk, even under intimidating presense of ten large cops: = $500. Fee for assistance for a search made by cop by forcing open the trunk against the will of the automobile user: = $25.00.
Just examples, but you get the idea.
Bottom line: Burden of proof is upon one making assertion. Questions in lieu of statements shift the burden of proof to one who answers the question with a statement. Permission to search or responses to questions that are deemed 'admissions' or ' confessions' are waivers of rights. End of report.

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