Muggs
Premiership Player
Just to make sure this is clear - this expectation that the standard should be 'beyond reasonable doubt' that I often see from a certain section of posters is... not reasonable. Sports doping isn't a criminal matter, it's actually a contractual matter. The normal standard of proof in such cases is 'on the balance of probabilities'. So 'comfortable satisfaction' is actually a higher standard than you'd generally expect.
See, when you are proving someone guilty of a crime, it is the State trying to deprive a citizen of their liberty. That is a huge deal. You just can't do it without being certain and ensuring that the accused has had a fair chance to defend themselves. Because finding a guilty person innocent is a much smaller injustice than finding an innocent person guilty.
When it's a civil matter, there is no presumption of innocence, no one being potentially deprived of liberty; and crucially it's not clear in advance of seeing the case at hand which incorrect verdict would be the greater injustice. So you have to work on the balance of probabilities. In light of the evidence, what finding is least likely to be unjust/most likely to be just?
While it's tempting to look at sports doping more like a criminal matter in which you have people being accused and then punished, it actually isn't. These players aren't going to jail, they aren't even being prevented from earning their (very substantial) incomes. At the end of the day, doping in sport is breaching a contractual condition. If you do insist on viewing this as crime and punishment, keep in mind that the standard 'punishment' appears to be 1 year's paid holidays. I can think of grosser injustices.
Excellent post
Critical point is the in light of the finding what is least likely to be unjust/most likely to be just point - its a sporting competition, fairness of the sporting competition is something that needs to be taken into account
In having to prove PED that cant be tested for to a beyond reasonable doubt level, with out ASADA having police/prosecution like powers like subpoena, compulsion to answer questions (not just attend interviews like ASADA has) even powers like search warrants, tapping of phone emails etc where there is probable cause, beyond reasonable doubt may simply be impossible to prove, causing a injustice through unfair competition.