Bar Fights. They are not unusual, but these situations present special problems. The problem is to find out what really happened. Law enforcement arrives after the trouble has subsided. The witnesses are usually intoxicated. There are many conflicting stories. The case usually ends in more questions than answers.

Often one person in the fight (usually the loser) wants vindication and compensation. They demand that charges be pursued. We try to explain the difficulty of the case and the reasons why charging is not likely to happen, but sometimes folks are not satisfied. The next step is to threaten to sue the other person, the bar, the state, the county, the sheriff, me; really everybody in sight. This tactic is not very helpful in getting charges filed.

I do my best to explain that to pursue a case, there must be evidence. It must be reliable, admissible, and convincing evidence. If there is no evidence, it doesn’t matter what we believe happened, the case cannot go forward. There are times we know what happened, but it cannot be proved. This can be very frustrating, to the victims, to law enforcement, and to the prosecutors.

Frustrating or not, this is how our system works. The principle that a person is presumed innocent until proven guilty stands firm. What this boils down to is that we have decided we would rather a guilty person go free than an innocent person punished. It has to do with our values as a society of people. We value individual freedom and human rights and protect them.

Many years ago, I had a case where two people were cited with the same violation, but both reports said there was no evidence as to which of the two men had really done it. I talked to the officer and asked him how he was thinking about this case. He said if they were both convicted, then at least for sure, the guilty one was! What he said was true, but somehow troubling.

Bar fights present problems, but the root of the problem is excessive alcohol consumption. Alcohol abuse creates problems. It creates problems for the one who drinks and for others. People with bad tempers get drunk in bars and get angry and fight. People get drunk and drive and kill people and themselves. People get drunk and beat each other and other family members. I estimate that more than 50% of the cases that come through the court system are alcohol fueled or drug fueled in some way or other. Now the voters have agreed that another drug is legal. This will lead to more trouble.