Community misconduct disputes are not about facts
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In criminal law, the prosecution and the defense each try to establish a timeline — what happened, where, when, who was involved — and thereby determine whether the defendant is actually guilty of a crime.[1]Community misconduct disputes are nothing like this.There is only rarely disagreement over facts, and even when there is, it is not the crux of the matter. Community disputes are not for litigating facts. What they are for[2] is litigating three things:The character of the accusedThe charact
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