How the climate change debate got hijacked by the wrong standard of proof
Everyone loves a courtroom drama–especially one that pits a feisty, but a determined criminal defense attorney against the awesome power of a prosecutor who has the resources of the state behind him or her. We see such David and Goliath stories every week on television.
We cheer as the defense attorney pokes one hole after another in the case of the prosecutor, raising what the audience now perceives as reasonable doubt. But will the jury see it that way? We’ll return after these messages….
This is just the sort of metaphorical setting into which the climate change denial lobby is trying to place the debate over climate change without the public or even most policymakers realizing it. The deniers in the fossil fuel industry and elsewhere are attempting by sleight-of-hand to get both the public and policymakers to abandon the preponderance of evidence standard used primarily in civil trials–and which is similar to evidence-based public policymaking–in favor of another judicial standard designed for criminal trials, namely, beyond a reasonable doubt.
So long as the deniers get to claim the role of defense attorney in this public fight, their task will be much easier. The reason that the deniers want to change the standard of proof, of course, is because climate scientists have already shown through an overwhelming preponderance of evidence that human activities are a major cause of climate change. The deniers have no hope of winning the intellectual argument if this standard of proof is used.
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