General Discussion
In reply to the discussion: I think Wilson is a bad cop, quite possibly a racist, but I also think this was an unwinnable case. [View all]JDPriestly
(57,936 posts)facts and cross-examine witnesses for the opposing side. You follow the rules of evidence. You agree on jury instructions before the trial and the instructions about what law applies to the facts is agreed upon before trial (preventing an assistant prosecutor from presenting overruled case law to the jury which is what happened in the grand jury hearing in this case) or argued at trial.
Lots of ways to "know."
And when a jury decides the case, then that is the verdict barring an appeal or the discovery of new facts that result in a rehearing under limited circumstances.
We have an excellent system with great procedures for maximizing certainty although certainty in the law and fairness in the law are rarely perfect even in our system.