"So many of us had hoped that the civil system might be an alternative for some women, where the burdens were a little bit less, and cases might be easier to prove"
- Susan Estrich
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In the quote by Susan Estrich, the focus is on the principle of the civil justice system acting as a prospective option for ladies seeking justice, especially in contexts where the criminal justice system may present significant obstacles. Estrich recommends that many individuals, presumably ladies and their advocates, hoped that the civil system would provide a less difficult opportunity for attending to complaints, perhaps associated to gender-based concerns such as sexual harassment, discrimination, or domestic violence.
Estrich's declaration underscores a contrast in between the civil and criminal justice systems. In criminal cases, the concern of proof is "beyond a sensible doubt," which can be challenging to accomplish, especially in cases including intimate or intricate scenarios often doing not have concrete evidence or witnesses. In contrast, the civil system needs a lower standard of proof, typically "prevalence of evidence," making it potentially more feasible for plaintiffs to succeed in their claims.
The mention of "numerous of us had hoped" suggests a shared expectation or belief amongst a neighborhood or movement that the civil justice system could act as a practical path to redress and responsibility. Nevertheless, the use of "hoped" may also communicate a sense of disappointment or unmet expectations, recommending that while the civil system may in theory offer benefits, it might not be completely delivering on its promise for many systemic, procedural, or useful reasons.
Estrich is most likely highlighting more comprehensive systemic issues that affect ladies's access to justice, including potential legal, social, and institutional barriers. These could incorporate high legal costs, prolonged procedures, social stigmas, or possible inadequacies in laws that stop working to fully secure ladies's rights.
Eventually, the quote shows an aspiration for a fair legal landscape where ladies can look for and acquire justice more readily. It highlights the continuous battle to discover efficient systems within the legal system to support victims, address complaints, and provide a sporting chance at proving their cases in a less burdensome and more encouraging environment.
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