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Testing and Due Process

Regardless of whether or not Sherk and Baroni actually did steroids, it is obvious the testing process is a mess.  The fact that the commission is willing to reduce sentences in half because their testing system is so poor suggests there is a huge problem.  The stigma from a steroid conviction is not something that is ever going to go away, and if states are going to lay down rules with such harsh consequences, they need to be confident that they have things down.  

Generally, the standard in criminal law is that the prosecution has to prove the defendant is guilty beyond a reasonable doubt.  Given all the issues that have been discussed here and elsewhere with chain of custody and inconsistent results, the reasonable doubt standard would probably not be met.  I know I have some reasonable doubt, and I tend to believe almost everyone in fighting is on some kind of steroid.  

Finally, and most importantly, no man should be judged by 6 bureaucrats dedicated to proving the system they are a part of is flawless.  I don't know the solution, maybe they should ask 6 random law students at local law schools to act as a mini jury for CSAC steroid cases.  The burden of proof situation here is all messed up.  Sherk was appealing a guilty verdict that never came from any sort of trial, he was just declared guilty.  This is unjust, and the UFC should fight for the due process of its fighters.  The system needs to be reformed so that fighters aren't instantly put in a position where the burden of proof is on them.  Like DNA testing, it should be part of CSAC's case, but not dispositive.

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