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  • Gordon, I would say that that is a rational doubt, not a reasonable doubt.

    I say so for the following reasons: a doubt based on reason and common sense - and, implicitly, on evidence - may be any one of a doubt on the balance of probabilities, a doubt as to comfortable satisfaction, or a reasonable doubt. In each case, it is a doubt based on analysing the evidence as against the relevant standard of proof and, on reason and common sense, being satisfied it does not meet that standard.

    By contrast, a doubt that is not based on reason, common sense or the evidence, but is instead based on speculation, is one that is irrational (which is occasionally phrased as being unreasonable). It is irrational and wrong no matter what the relevant standard standard of proof, because it is not based on a rational analysis of the evidence before the decision-maker as against the standard of proof.

    Therefore: a doubt not based on reason, common sense or evidence = irrational doubt. A doubt that is reasonable to hold and not wholly improbably = reasonable doubt.

    One of the ways I've occasionally explained this is that a decision-maker has the right to be wrong on the evidence, but not to be mad on no evidence. Making a mad decision when you don't have any evidence to base it on is irrationality.

    To go then to your example in the hearing; there is no clear evidence that the overlap was broken, but there is evidence. There is not clear evidence to make a finding either way, therefore it does not meet the relevant standards of proof. One reverts to the last point of certainty - and remember, "certain" is another phrasing for "beyond reasonable doubt" - as being the last point at which one can be satisfied to the standard of proof on the evidence.

    If, however, one were to assume without evidence that matters had changed in a specific way after the last point of certainty, that would be ignoring the evidence and proceeding on speculation. It would then be an irrational decision.
    Today 07:54
  • Oh, hooray! "Certified safety boat operators." Yet another opportunity for USSailing to bar highly experienced yachtsmen from serving in vital roles in sailing, together with education and race management, solely because they are too focused on careers and adult life to attend redundant, fee-based certification regimens.
    Today 06:16
  • What a great Christmas Bonbon you gave us Mark! It's a Cracker!

    There have been many incredibly insightful comments but no agreed conclusion.

    Personally I like Jim's recent summary of "Angelo's interpretation" as it appears to be the fairest interpretation.

    To me, the underlying problem appears to be that the rules themselves are not 'deterministic' in this and some other situations. Ultimately, the rules alone should be sufficient. Cases may help but they should not be required.

    Today 01:11
  • At my Club we have solved this issue two ways.  Most of our distance random-leg races finish in front of the Clubhouse, between two pilings lined up with our "Finish Hut" on shore.

    For our weeknight series where we run five starts for eight Divisions in the 1830-1900 timeframe, we state that a boat in a starting class that finishes by 2100 makes the race valid for that starting class, and that boats finishing after 2100 shall take their own finish time and report it to the RC.  If no boat in a starting class finishes by 2100 then the race is abandoned for that class.  This allows our RC volunteers to know when their job is completed, without penalizing slow boats.

    Similarly for our regatta distance races, typically 20-25 nm, we state that there is no time limit, but the RC will stay on station (ashore) for five hours from the starting time.  Boats finishing later may take their own times and report it to the RC.   We implemented this about three years ago and have had no issues.
    Yesterday 14:57
  • One advantage of defining the line as 2 separate segments is that the line on each side of the mid-line vessel to not have to be the same. You can adjust the lines on each side so that they are suitable for the existing conditions. On a long line it may well be that wind or tide will not be uniform over the full length of the line.
    Yesterday 10:28

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