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mschuster91 2 hours ago

> What I’m saying is, if you were stupid after your 18th birthday and caught a charge peeing on a cop car while publicly intoxicated, I don’t think that should be a factor when your 45 applying for a job after going to college, having a family, having a 20 year career, etc.

I'd go further and say a lot of charges and convictions shouldn't be a matter of public record that everyone can look up in the first place, at least not with a trivial index. File the court judgement and other documentation under a case number, ban reindexing by third parties (AI scrapers, "background check" services) entirely. That way, anyone interested can still go and review court judgements for glaring issues, but a "pissed on a patrol car" conviction won't hinder that person's employment perspectives forever.

In Germany for example, we have something called the Führungszeugnis - a certificate by the government showing that you haven't been convicted of a crime that warranted more than three months of imprisonment or the equivalent in monthly earning as a financial fine. Most employers don't even request that, only employers in security-sensitive environments, public service or anything to do with children (the latter get a certificate also including a bunch of sex pest crimes in the query).

piperswe 2 hours ago | parent [-]

The UK has common law: the outcomes of previous court cases and the arguments therein determine what the law is. It’s important that court records be public then, because otherwise there’s no way to tell what the law is.

tzs 19 minutes ago | parent | next [-]

It is the outcome of appellate court cases and arguments that determine law in common law jurisdictions, not the output of trial courts. Telling what the law is in a common law system would not be affected if trial court records were unavailable to the public. You only actually need appellate court records publicly available for determining the law.

The appellate court records would contain information from the trial court records, but most of the identifying information of the parties could be redacted.

yxhuvud 2 hours ago | parent | prev | next [-]

There are middle grounds - for example you could redact any PII before publishing it.

Muromec 17 minutes ago | parent [-]

That's what Ukraine does, but I guess we have more resources to keep the digital stuff running properly and not outsource it to shadycorp.

noirscape 2 hours ago | parent | prev | next [-]

It should be possible to redact names from cases for that purpose.

macintux 2 hours ago | parent | prev | next [-]

It should be possible to leverage previous case law without PII.

mschuster91 2 hours ago | parent | prev | next [-]

> It’s important that court records be public then, because otherwise there’s no way to tell what the law is.

So anyone who is interested in determining if a specific behavior runs afoul of the law not just has to read through the law itself (which is, "thanks" to being a centuries old tradition, very hard to read) but also wade through court cases from in the worst case (very old laws dating to before the founding of the US) two countries.

Frankly, that system is braindead. It worked back when it was designed as the body of law was very small - but today it's infeasible for any single human without the aid of sophisticated research tools.

fmbb 2 hours ago | parent | prev [-]

That can be solved by migrating to a sensible legal system instead.

linksnapzz an hour ago | parent [-]

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