| ▲ | squidbeak 13 hours ago |
| > Meanwhile, authorities have offered Smith a plea deal including a $1,000 fine, $1,000 in restitution and three years' probation. She has refused, saying she is innocent. This is nuts. Is it possible US prosecutors give so few shits about justice? |
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| ▲ | fc417fc802 6 hours ago | parent | next [-] |
| If only a reverse plea deal gambit were realistic. Counter with an offer to accept $10k and an apology for malpractice in exchange for her not going after those involved. Unfortunately a decent chunk of the justice system here doesn't appear to have any real accountability for poor conduct. |
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| ▲ | tempestn 3 hours ago | parent [-] | | She kind of can do that in the form of a settlement offer for her lawsuit. |
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| ▲ | TrackerFF 13 hours ago | parent | prev | next [-] |
| The DA (District Attorney) is elected, so they love to cite their tough-on-crime statistics. There are few incentives for them to not "win". |
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| ▲ | shagie 4 hours ago | parent | next [-] | | They're still a lawyer. Getting disbarred often means the end of their professional career. So file a bar complaint. https://arcourts.gov/professional-conduct https://opinions.arcourts.gov/ark/cr/en/item/1868/index.do#!... Rule 3.8. Special Responsibilities of a Prosecutor.
The prosecutor in a criminal case shall:
(a) refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause;
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COMMENT
[1] A prosecutor has the responsibility of a minister of justice and not simply that of an advocate. This responsibility carries with it specific obligations to see that the defendant is accorded procedural justice and that guilt is decided upon the basis of sufficient evidence. Precisely how far the prosecutor is required to go in this direction is a matter of debate and varies in different jurisdictions. Many jurisdictions have adopted the ABA Standards of Criminal Justice Relating to the Prosecution Function, which in turn are the product of prolonged and careful deliberation by lawyers experienced in both criminal prosecution and defense. Applicable law may require other measures by the prosecutor and knowing disregard of those obligations or a systematic abuse of prosecutorial discretion could constitute a violation of Rule 8.4.
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| ▲ | weberer 7 hours ago | parent | prev | next [-] | | >The DA (District Attorney) is elected, so they love to cite their tough-on-crime statistics. Its the opposite nowadays. The current meta is to advertise yourself as light on crime. So you get to the point where Philadelphia has an open-air drug market filled with fentanyl, the DA was actually impeached for dereliction of duty by the Pennsylvania house of representatives, and Philadelphians STILL re-elected him with over 75% of the vote. | | |
| ▲ | computerdork 6 hours ago | parent | next [-] | | Think the Philly DA situation is a bit more unique and interesting. Yeah, agree, he was one of the first progressive DA's elected in recent times, and he is in many ways light on crime. But he just got re-elected by a 75% in 2025 for a third term. That's incredible and think there is a reason for this. Am no expert on him, but as we're all talking about here, the legal system is really messed up. Yeah, there are a lot of terrible processes and laws that get in the way of justice, and a lot of the things his office did made a lot of sense. Probably one of the biggest was the "Elimination of Cash Bail for Low-Level Offenses." The cash bail system for minor crimes really screws poor people, who can't make bail for things like shoplifting, and have to stay in jail until their pre-trial. (it's often something like $1000, which for middle-class people is not a big deal at all). But imagine a teen who had to stay out of school for a month or even two just because they stole something for $20 and his family can't put together $1k. The teen gets behind in class and stops trying, and this becomes the start of getting further and further behind in life. And a similar situation happens with poor working-class people for a minor crime, they can't pay bail, so they are in jail and can't work. They are often fired or just get into debt because they're not drawing a salary. I don't know about anything about open drug markets, but think overall what the Philly DA seemed sensible (and just looked briefly and it seems like the crime statistics turned out well in Philly, but that could be from a number of things). | | | |
| ▲ | fc417fc802 6 hours ago | parent | prev | next [-] | | You're not entirely wrong but I think that description of the situation is rather heavily colored by partisanship. Being lenient about a very limited subset of crime that "the system" is particularly ineffective at dealing with (to the point that it is arguably racist/classist/etc) is viewed favorably by certain (primarily urban) demographics. When you have broad support for an elected official who is exercising a great deal of discretion to not enforce the law that should trigger fundamental changes to the system as opposed to impeachment. | |
| ▲ | Der_Einzige 11 minutes ago | parent | prev | next [-] | | Good!!! That’s why I live hippie liberal voters! | |
| ▲ | npc99 4 hours ago | parent | prev | next [-] | | Good. DA should focus on a rational plan to tackle high-impact crimes, not drug offenses. | |
| ▲ | LorenPechtel 6 hours ago | parent | prev [-] | | You're assuming people view all crime the same. I'll applaud ignoring the open air drug market. It's a symptom, not a cause. The drug *war* is the biggest crime problem in the country. | | |
| ▲ | lurk2 2 hours ago | parent | next [-] | | > It's a symptom, not a cause A symptom of what? | |
| ▲ | NewJazz 4 hours ago | parent | prev [-] | | Seriously did nobody watch The Wire? Hamsterdam. | | |
| ▲ | howunfortunate an hour ago | parent [-] | | I get all my best political information from popular fiction! Bioshock -> Libertarians bad Handmaid's Tale -> Christians bad The Boys & Marvel -> Corporations and governments are all secret Nazis Everything else -> Nazis bad That's all you need, really |
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| ▲ | usefulcat 13 hours ago | parent | prev | next [-] | | Don't they also hate to lose though? This seems an unlikely case for a prosecutor to win. If it were a civil case, sure, the standard is much lower there, but for a criminal case the standard is "beyond a reasonable doubt". I guess they could be gambling that she can't afford a good lawyer; many people can't. | | |
| ▲ | TrackerFF 9 hours ago | parent | next [-] | | Which is why there's a push to accept a plea deal. Innocent people can easily end up accepting a plea deal after a day in jail, and pushy investigators trying to get out a confession. | |
| ▲ | mandeepj 12 hours ago | parent | prev | next [-] | | > I guess they could be gambling that she can't afford a good lawyer; many people can't. Then the government provides a lawyer; you can't be without counsel even if you can't afford them. https://www.annenbergclassroom.org/resource/right-assistance... https://www.law.cornell.edu/wex/right_to_counsel | | |
| ▲ | EPWN3D 10 hours ago | parent | next [-] | | Whether you qualify for a public defender varies by state. It might be that while yes, hiring a lawyer would destroy her financially, she has the assets to afford it. In which case, depending on your local laws, the court might be fine saying she has to get her own lawyer. | |
| ▲ | AngryData 5 hours ago | parent | prev | next [-] | | Often a lawyer that doesn't want the case because the pay is lower than private work, and also if the defendant loses their case they must pay both the lawyer and the court their fees and hours. | |
| ▲ | axus 6 hours ago | parent | prev | next [-] | | Sometimes the public defenders actions are indistinguishable from collusion with the prosecution. The window to appeal can close before your sentence is over. | |
| ▲ | usefulcat 11 hours ago | parent | prev | next [-] | | I'm well aware of that. I was speculating that the prosecutor may think that they could prevail vs a court appointed lawyer. | |
| ▲ | LtWorf 6 hours ago | parent | prev | next [-] | | But the public defender has had 5 seconds to prepare for your case. | |
| ▲ | triceratops 12 hours ago | parent | prev | next [-] | | They said "good lawyer". | |
| ▲ | nobody9999 11 hours ago | parent | prev [-] | | >> I guess they could be gambling that she can't afford a good lawyer; many people can't. >Then the government provides a lawyer; you can't be without counsel even if you can't afford them. I'd note that many (most?) state jurisdictions (the Federal judiciary has the Federal Defender's Service[0]) require a defendant to be "indigent"[1] before a lawyer is appointed, rather than requiring the defendant to hire a lawyer. Also, in many jurisdictions, private lawyers are appointed by judges to take on the cases of "indigent" defendants. Often there's little in the way of vetting such lawyers, and the fees paid generally aren't very high -- resulting in subpar lawyers and representation. Even in places (like NYC[2]) with a more robust public defender system, these lawyers are generally handling dozens of cases at once and don't have the resources of the prosecutor's office (investigators, budgets for forensic testing/analysis, etc.), leaving the defendants' side at a considerable disadvantage. As such, it's not just saying "I can't afford a lawyer," and Perry Mason rushes to your rescue. [0] https://www.uscourts.gov/topics/defender-services [1] Different jurisdictions have different standards for determining if a defendant is "indigent." But many of those won't appoint a lawyer unless you're flat broke. Own a home? Take out a second mortgage. Have a job? You're not indigent. Etc, etc, etc. [2] https://www.thecityreporter.nyc/2024/04/08/how-public-defend... | | |
| ▲ | smelendez 7 hours ago | parent [-] | | And this is a complicated case. You need evidence from Cash App and likely other third parties like ISPs. You ideally would have an expert to testify about the limitations of the prosecution evidence. |
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| ▲ | fooqux 13 hours ago | parent | prev [-] | | Well, now that this story is coming to light, I'm guessing getting a decent lawyer will be pretty easy. |
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| ▲ | lesam 6 hours ago | parent | prev | next [-] | | Surely a widely read news story about prosecuting an obviously innocent person is bad for this particular DA? Or do the voters not care about that? | |
| ▲ | HPsquared 6 hours ago | parent | prev | next [-] | | Surely an embarrassing loss is worse than dropping a case. | | |
| ▲ | advisedwang 6 hours ago | parent [-] | | The DA can file the charges and drop the case right before (or even during) trial. No loss on their books |
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| ▲ | chrisjj 13 hours ago | parent | prev | next [-] | | > they love to cite their tough-on-crime statistics. Where can we see their tough-on-innocence statistics? | | |
| ▲ | paimapi 13 hours ago | parent | next [-] | | https://innocenceproject.org/all-cases/ You can get a rough idea of innocence by exoneration rates + years served. Above-link is just for that one project, which is one of the largest in this arena. It would also be wise to assume that all exonerations only reflect a small minority of actually innocent people especially when you start factoring in 'crimes' like possession charges or debt (https://www.aclu.org/publications/pound-flesh-criminalizatio...) | |
| ▲ | SpicyLemonZest 13 hours ago | parent | prev [-] | | A corollary of the “innocent until proven guilty” standard is that there’s just no way to compute such statistics. It’s impossible by design to distinguish between a clearly innocent person and a very suspicious person whose guilt couldn’t quite be proven without looking into the details of their case. | | |
| ▲ | giantg2 12 hours ago | parent | next [-] | | "It’s impossible by design to distinguish between a clearly innocent person and a very suspicious person whose guilt couldn’t quite be proven" Oh, you mean another innocent person? (Emphais mine) | | |
| ▲ | ImJamal 12 hours ago | parent [-] | | They are innocent under the law, not necessarily innocent. | | |
| ▲ | giantg2 12 hours ago | parent [-] | | There's no functional difference in this context - the legal system determines legal issues. | | |
| ▲ | SpicyLemonZest 12 hours ago | parent [-] | | There’s a functional difference if you’re trying to compute “tough-on-innocence statistics”, because it means that the target for the only possible metric is much higher than zero. A healthy criminal justice system should routinely rule people innocent; if nearly everyone who’s prosecuted is found guilty, that doesn’t mean prosecutors are being really picky about filing charges, it means the system doesn’t treat innocence as an acceptable outcome. | | |
| ▲ | giantg2 9 hours ago | parent [-] | | You'd be better off assessing that via analysis of laws and policies. That would show what could be abused and to what degree, even if it's abused by the people in power now. That's really the whole point of the analysis - to create laws and policies with better protections, so we should measure what we're looking to change. |
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| ▲ | exe34 13 hours ago | parent | prev [-] | | I've never understood that. There's a claim you are guilty of robbery. You get charged and go to court. You plead not guilty. The da insists and you go to trial. During trial, you manage to provide cctv showing that you were 1000 miles away. The jury says "not guilty". Is there any reasonable way to say "we don't know, he might be guilty, we just didn't reach 'beyond reasonable doubt '"? | | |
| ▲ | baseballdork 8 hours ago | parent | next [-] | | A jury I was on came to that exact conclusion. Some crimes require state of mind to be proven. In my case, a guy was at a bar and got kicked out. He went to his car and grabbed a gun and fired two shots. Ultimately the decision hanged on "did he fear for his life" when two bouncers rushed him in the parking lot. He was probably guilty of the two counts of aggravated assault, but the prosecution never showed that it wasn't self defense, which is what Arizona required. | | |
| ▲ | what 2 hours ago | parent [-] | | If he was able to get to his car and retrieve his gun and shoot at them, it seems very unlikely that the “two bouncers rushed him in the parking lot”. He could have just driven away. Much more likely he was angry about being kicked out and went back with his gun and then the “two bouncers rushed him”. |
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| ▲ | jfengel 6 hours ago | parent | prev | next [-] | | Not in the US. In Scotland, until this year, there was a "not proven" verdict, which was more or less what you just said. The effect was the same as "not guilty", but there was an idea that allowing the jury to express doubt allowed them to avoid erring on the side of guilt. But it also confused people so they finally got rid of it. | |
| ▲ | sgentle 7 hours ago | parent | prev | next [-] | | Well the point of the trial is to make a binary decision, so it has to be guilty or not guilty to a certain standard of evidence. Think of it as "should you bring an umbrella to go outside today?" – the weather forecast has a probability, but your job is to turn that probability into a decision based on your risk tolerance. You can't bring a 30% umbrella for a 30% chance of rain. | |
| ▲ | giantg2 12 hours ago | parent | prev | next [-] | | The closest thing is probably a mistrial due to a hung jury. That allows a retrial. | |
| ▲ | SpicyLemonZest 12 hours ago | parent | prev [-] | | CCTV shows you were in the general area of the crime, but your shady friend says you were hanging out with him at the exact time the robbery happened, and the guy who says he saw you do the robbery is also kinda shady. I think it’d be reasonable for a juror to think you probably did it (because your friend is untrustworthy and has obvious incentives to lie) but didn’t do it beyond a reasonable doubt (because the witness just isn’t credible enough). | | |
| ▲ | exe34 5 hours ago | parent [-] | | Yes that's the obvious case for the "we can't be sure". It's the classic example really. It's not what I asked. |
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| ▲ | watwut 12 hours ago | parent | prev [-] | | This is "lock the innocent" tho. The DA is not tough om crime, the criminal went to his merry way. | | |
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| ▲ | crossroadsguy 26 minutes ago | parent | prev | next [-] |
| It's a legal system, not a justice system. That distinction is the point. Legal systems are not meant to be for justice. It's to protect and empower the people already in power or in a position to buy and control power. |
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| ▲ | giantg2 12 hours ago | parent | prev | next [-] |
| "Is it possible US prosecutors give so few shits about justice?" If you are part of a system and have power in it, you believe the system is good. You believe that everyone else in that system is also good. That's why you have prosecutors and judges just believing the police automatically. Nobody wants to be in a job that ruins innocent people's lives, so everyone must be guilty or the cognitive dissonance will run you out (if the others in power don't first). |
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| ▲ | ryoshoe 13 hours ago | parent | prev | next [-] |
| Unfortunately the court system is such that it would collapse under the load if everyone actually exercised their right to a trial which heavily incentivizes plea deals |
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| ▲ | creativeSlumber 13 hours ago | parent | next [-] | | That is a different problem. In this case it should be clear that the prosecutors have messed up and won't admit it, maybe to save their carriers. They are going after someone innocent because it is the easy target while the real criminal is at large. | |
| ▲ | FireBeyond 13 hours ago | parent | prev [-] | | Partially. The prosecutors and DAs are motivated by conviction rates. The delays in the court system are a bludgeon to encourage that end. Just like identity theft in itself, no-one is motivated to fix the system but the ones being fucked by it, who are the least able to do so. |
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| ▲ | xenocratus 4 hours ago | parent | prev | next [-] |
| Are there cases or jurisdictions where the outcome is not binary (guilty, not guilty), but has three options: innocent, indeterminate, guilty? With "innocent" leading to some fine, penalty, or even worse, for the prosecution team. That would obviously imply the option for plea deals both ways, and would give the prosecutors a more interesting incentive structure :) |
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| ▲ | rectang 13 hours ago | parent | prev | next [-] |
| American voters care about conviction rate above all else for their prosecutors. |
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| ▲ | elevation 13 hours ago | parent | next [-] | | We like convictions because there's a hell of a lot of actual crime that is never punished. Just my circle of friends has suffered car break-ins, burglaries (no suspects), grand theft auto (never recovered the car), and devastatingly, a rape on school property. Most of these crimes weren't investigated, despite real damages, and the couple that were never saw a conviction. | | |
| ▲ | rectang 10 hours ago | parent | next [-] | | By encouraging prosecutors to punish the innocent, you ensure that the guilty go free to commit more crimes. | |
| ▲ | Quarrel 13 hours ago | parent | prev | next [-] | | Sure, but does voting for DAs with a high conviction rate get you any closer to solving these problems? My guess is that it does not. | | |
| ▲ | giantg2 12 hours ago | parent | next [-] | | In theory, if crimes exceed prosecutions, then number of convictions being closest to the number of prosecutions should indicate an effective use of resources. The real problem is that thorough investigations are rare for most crimes and it's just and industrial-scale process to show the elements of an offense were met by a preponderance of the evidence. | |
| ▲ | AlotOfReading 12 hours ago | parent | prev | next [-] | | Sure, but it feels like you're doing something helpful. It's like self-help books, or new years resolutions. The emotional fulfillment of feeling like you've done something is vastly more popular and marketable than doing the actual work. | | |
| ▲ | elevation 12 hours ago | parent [-] | | In recent years we have also witnessed the outcomes from DAs who refuse to prosecute -- having someone more hard nosed in office seems vastly preferable to losing the local Walgreens and still not having my burglaries prosecuted. |
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| ▲ | bell-cot 7 hours ago | parent | prev [-] | | > ...any closer to solving these problems? If "these problems" is the criminals getting away with their crimes? No. Unfortunately, human nature is such that many peoples' actual priority is venting the intense angry they feel about the real-world crimes. And for far too many people, harsh punishments inflicted on expendable whipping boys are an all-too-satisfying way of doing that. |
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| ▲ | mindslight 11 hours ago | parent | prev [-] | | So then is your need for "justice" satisfied by rounding up a bunch of unlucky people and convicting them? To me it seems like you're just describing the other side of the exact same coin where the justice system isn't doing its job, but in a way that absolves it for not doing its job. It's outright fallacious to want higher convictions (or even just higher arrests), because crimes aren't even being investigated, right? The goal isn't some scalar "number of people convicted" but rather justice in every case. If cases aren't being investigated, that's a specific problem with a specific part of the system, which needs to be addressed specifically. It can't be fixed by tweaking the numbers further down the line, rather that just creates further corruption. The way I see it, every time the public demands the justice system (prosecutors, police, etc) do their jobs better, the people in the system respond by doing anything but focusing on their jobs. Either raising the false positive rate ("hard on crime"), going on [possibly silent] strike (raising false negative rate), or even rioting to create disorder from whole cloth (then blaming it on the protestors). What is really needed is accountability in general, so that specific wrongs (either way) can be rectified. |
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| ▲ | direwolf20 12 hours ago | parent | prev [-] | | All countries not only America | | |
| ▲ | jltsiren 7 hours ago | parent [-] | | America is pretty much the only country with elected prosecutors. Everyone else considers it a career position, and then incentives are different. |
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| ▲ | everforward 13 hours ago | parent | prev | next [-] |
| Yes, this kind of thing happens a lot. The incentives are misaligned with the goal to a degree where you almost wonder if it’s intentional. This happens a lot because at the individual level, it’s sort of in everyone’s best interest to take the deal. The prosecutor wants $2,000 and 0 jail time and it all goes away. If you don’t take the deal, even assuming you win in the end, it will probably cost you way more than $2,000 and however long the probation check ins take. You will recover neither your time, nor the money you spent on lawyers/transportation/days off/etc. At the macro level it happens because prosecutors get judged on their conviction/case closure rate, because we implicitly assume they found the right person. Browbeating people into accepting token punishments that technically close out the case counts for the metrics voters actually watch. If I might lean a little conspiratorial for a moment, it also behooves the prosecutors office to flood the defense attorneys with cases. People will vote to raise the prosecutors funding to deal with criminals, no one will vote to raise defense attorney funding. Last I saw the average prosecutors office gets something around double the funding the defense gets. It got so bad in some city in Oregon there was (is, really), a near constitutional crisis because the city got trapped between the provisions of the 6th amendment. Defense attorneys were so flooded they said they couldn’t take any new cases. The 6th amendment says the accused has a right to counsel, which is an issue. It also says they have a right to a speedy trial. The city was going to have to allocate money to the defense and get them lawyers quick, or drop a bunch of cases. That never happened, the judge basically just said “Nuh uh” and I believe threatened the defense office with sanctions if they didn’t just assign the cases to lawyers who were already saying they had more cases than they could imagine. I’m a little shocked we haven’t seen a huge wave of successful “ineffective assistance of counsel” appeals. Pointing to a signed, public statement your lawyer was overworked before you even talked to them seems like a decent starting point. |
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| ▲ | creativeSlumber 13 hours ago | parent [-] | | > This happens a lot because at the individual level, it’s sort of in everyone’s best interest to take the deal. The prosecutor wants $2,000 and 0 jail time and it all goes away. If you don’t take the deal, even assuming you win in the end, it will probably cost you way more than $2,000 and however long the probation check ins take. You will recover neither your time, nor the money you spent on lawyers/transportation/days off/etc. Are there absolutely no provisions for an innocent person to claim all the expenses they had to incur ? | | |
| ▲ | everforward 10 hours ago | parent | next [-] | | Not in a criminal court, or really anything where the government is the counterparty. Philosophically it’s because those things are part of your “civic duty” as a citizen like taxes. Realistically it’s because the demographics of people getting the money would be unpalatable to the public. Recidivism is high, some large portion of it would go to people with prior convictions. The absurd end of this spectrum is what happens when police damage a random persons property while chasing a suspect. They’re generally not liable for it, however most homeowners insurance won’t cover it. I remember an early GoFundMe from a lady that went to work and a guy broke into her house and had a shootout with the police. She came home to being homeless (house got condemned because plumbing, gas, etc is bullet-riddled), and it’s a really disconcerting story to hear. I don’t recall if the city settled to quiet the story down or not. | | |
| ▲ | mindslight 9 hours ago | parent [-] | | The "civic duty" rationalization is bunk, due to how unevenly it ends up applying. Someone having their house destroyed is not a "civic duty". Everyone's taxes going up a few dollars to compensate for the damage the police caused (to a house or otherwise) would be a civic duty, and municipalities paying the full cost of policing would place responsibility where responsibility belongs. I completely agree about the realpolitik reasons though. Ultimately we need out of touch voters to realize that unaccountable government can easily turn its sights on them, as well. The real difficulty is trying to make people respect numerically low odds without falling for feel-good nonsense about "those people". | | |
| ▲ | everforward 5 hours ago | parent [-] | | I agree about the rationalization, I tried to imply that with air quotes. > municipalities paying the full cost of policing Since we're talking realpolitik, this will never happen. In a first principles sense, it won't because it's unpredictable at the locality level (how do you set tax rates for FY27 without knowing what you'll pay out for this?). In a realpolitik sense, it won't because a) people don't like their taxes going up and would rather bank on it not happening to them, and b) the police will throw a shit fit and refuse to work when they realize they have to consider property damage while doing their jobs, and that the public will be _pissed_ if they crash a cruiser into a parked car while LARPing John Rambo. > Ultimately we need out of touch voters to realize that unaccountable government can easily turn its sights on them, as well. Good luck and godspeed. The latest stats say 56% of US adults read at or below a 6th grade level, so say it slow and in monosyllabic words lol |
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| ▲ | alwa 12 hours ago | parent | prev [-] | | Should the innocent person not be able to afford an attorney, they can petition the court to chuck their case at a random lawyer, who's obliged to accept it. Such indigent cases tend to be compensated at a statutory rate well below what the lawyer might be accustomed to—with corresponding effects on the enthusiasm of their defense... |
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| ▲ | _DeadFred_ 13 hours ago | parent | prev | next [-] |
| Not only does the US not care about justice, they favor the government, always. In a federal conviction you used to have forever to file an appeal, but that was determined too expensive (because people could utilize it) so they made it 10 days. But that was too short. So they made the fair compromise between 'an appeal should always be allowed' and 10 days, and made it 14 days for defendants (but 30 days for government because you know, the government has more limited resources than someone sentenced and being moved across country in prison transports between detention centers to their assigned prison). Also a reminder that in order for a plea to be valid the defendant has to agree/swear on the record that they weren't coerced in anyway way into making the deal (because you can't waive your Constitutional right to trial under coercion). The threat of prosecution/a very harsh sentenced being reduced sure seems like coercion and that plea deals are constitutionally invalid by default. |
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| ▲ | Buttons840 13 hours ago | parent [-] | | I guess facing decades in prison or a $100 fine--accepting the fine wouldn't be considered coercion, right?--legally speaking I mean. |
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| ▲ | LoFiSamurai 12 hours ago | parent | prev | next [-] |
| Check out Three Felonies a Day by Silvergate. The writing is poor and it’s one of the only sources that dares suggest that the Enron executives were victims but regardless, there are points relevant to exactly what you’re asking about. |
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| ▲ | AngryData 5 hours ago | parent | prev | next [-] |
| Anyone who has dealt with US cops and courts personally would say yes. |
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| ▲ | ashleyn 13 hours ago | parent | prev | next [-] |
| At some point we need to have a tough conversation about collective civic engagement and societal dysfunction and not just individually running from it or routing around it. All these institutional problems have been stacking up for the past twenty years, they're only continuing to get worse and worse, and the most common reaction I see from it is some variation on "try to just stay out of its way". There's a tendency for people to react to institutional problems like this by saying they'll just move over here to a blue state, or they'll monitor their accounts closer on reporting bureaus, or they'll just have a lawyer on retainer, etc, etc. If a legal system in a red state is this dysfunctional, you can't simply hide away in a blue state with better-run systems. The underlying problem - the social decay of much of the US and the broader world - needs to be directly engaged with and confronted. |
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| ▲ | frmersdog 6 hours ago | parent | next [-] | | I agree, but the "tough conversation about collective civic engagement and societal dysfunction" is actually a "tough conversation about taxing the sh*t out of everyone who makes more than $150k a year". Most of our problems are downstream of our extreme inequality and the way it incentivizes dysfunctional and antisocial behavior across the board. So it's going to be an even harder conversation to have than you think. And if you don't believe me, consider what, "I'll just move, I'll just retain a lawyer, I'll just spend my precious time monitoring my data or hiring someone else to do it for me," as Get-Out-Of-Jail-Free cards says about the means of the people holding those views. (It's that they can, and intend to, buy their way out of a system stood up by people like them ostensibly to promote accountability and social order.) | | |
| ▲ | Terr_ an hour ago | parent [-] | | Right, whatever the actual fundraising method is, "good justice" is something we must spend to get the same way we spend for drinkable tapwater, or roads, or having someone else watch you child for most of the day every workday for 12 years. |
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| ▲ | giantg2 13 hours ago | parent | prev | next [-] | | "If a legal system in a red state is this dysfunctional, you can't simply hide away in a blue state with better-run systems." These sorts of abuses or dysfunction are rampant in all states. I can't think of a single state that actually has a good system (properly staffed, no overreach, etc). | | |
| ▲ | preg_match 5 hours ago | parent | next [-] | | Yes but it only gets worse as you go to red states which are “tough on crime”. Which basically just means they put as many people in prison as humanly possible, and for as long as possible. | |
| ▲ | weberer 6 hours ago | parent | prev [-] | | New Hampshire is pretty great. That may be due to them having some of the lowest crime rates in the country to begin with. | | |
| ▲ | giantg2 6 hours ago | parent [-] | | This doesn't look great. https://www.nhpr.org/nh-news/2026-09-21/nh-newhampshire-supr... But they do tend to have better speedy trial definitions and such. Although it seems they are rolling back bail reform (which may have been too lenient, but they didn't find a middle solution). And it seems they still have ex parte protection from abuse orders, which are notoriously abused in divorce cases. |
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| ▲ | GolfPopper 6 hours ago | parent | prev | next [-] | | >All these institutional problems have been stacking up for the past twenty years, they're only continuing to get worse You're right about "continuing to get worse", but our institutions have been failing for more than 20 years. I think it's more like that Hemingway quote about bankruptcy, “Gradually and then suddenly.” in turn, that always makes me think of an exponential growth curve... and I think America, if not the entire world, is headed towards the vertical. Ib other words, when it comes to how dysfunctional our institutions can get, I think we've just begun. | |
| ▲ | mring33621 13 hours ago | parent | prev | next [-] | | IL here. Blue state systems are not better run. | | |
| ▲ | Der_Einzige 5 minutes ago | parent | next [-] | | You’re in the most corrupt state in the nation. Go look at your state bond ratings. Of course it doesn’t work there!!! | |
| ▲ | RIMR 13 hours ago | parent | prev [-] | | WA here. Most definitely are. | | |
| ▲ | giantg2 13 hours ago | parent | next [-] | | Source? I think we would need to quantify "better", but there aren't any states that are good. | |
| ▲ | vfvthunter 13 hours ago | parent | prev [-] | | Oregon here. If you mean better in the sense that they dont convict guilty people much less innocent people, then yes much better run. | | |
| ▲ | amanaplanacanal 3 hours ago | parent [-] | | Nobody wants their taxes raised to fund the courts and prosecutors it would actually take. It's amazing it works as well as it does. |
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| ▲ | FLeXMurphy 13 hours ago | parent | prev [-] | | We are all ears if you'd like to start that conversation. Make a page/blog post and submit it here, and accept ahead of time whatever fallout may arise from doing so. If the benefits outweigh the risks, or if you simply are at a point where the risks do not matter. | | |
| ▲ | direwolf20 12 hours ago | parent [-] | | It'll be flagged and your HN account banned or restricted. HN hates political posts unless they confidently assert nothing is wrong with the system. | | |
| ▲ | FLeXMurphy 12 hours ago | parent [-] | | We will just have to deal with it I suppose. That's why it is best if the source is outside of HN to begin with. |
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| ▲ | superxpro12 12 hours ago | parent | prev | next [-] |
| prosecutors measure success by conviction rates. they cant have a dismissed case bringing down their averages |
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| ▲ | InsideOutSanta 13 hours ago | parent | prev | next [-] |
| Poor incentives. |
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| ▲ | bell-cot 13 hours ago | parent | prev | next [-] |
| You aren't gonna advance your career as a prosecutor, or even win re-election, if you actually care about that "truth and justice" stuff in the case of some rando out-of stater who you already have a really cool-sounding story about the obvious guilt of. |
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| ▲ | GeoAtreides 13 hours ago | parent | next [-] | | having judges and prosecutor elected sure is an american experiment that i'm too european to understand | | |
| ▲ | pjc50 13 hours ago | parent | next [-] | | The UK tried the experiment and gave up: https://en.wikipedia.org/wiki/Police_and_crime_commissioner They were quite overpaid compared to other local government roles, and had very poor public visibility. WP says they were originally going to be called "sheriffs" but that was rejected as "too American". This does make it clear that it was an attempt to copy the US system, but I feel obliged to point out that the Scottish court system has had Sheriffs for longer than the US has existed. | | | |
| ▲ | carlosjobim 12 hours ago | parent | prev | next [-] | | It's democratic. You don't have much democracy if the population is only allowed to elect some of the powers. Americans elect their sheriffs as well. | | |
| ▲ | GeoAtreides 11 hours ago | parent [-] | | Yes, it's democratic. But there's a reason we're not electing doctors and engineers. | | |
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| ▲ | 1234letshaveatw 13 hours ago | parent | prev [-] | | Is that like how european's don't understand not to burn down cities over school employee pensions? | | |
| ▲ | mitxela 12 hours ago | parent | next [-] | | The French are just exercising their second amendment rights as originally envisioned by the founding fathers. They're doing America better than Americans! | | |
| ▲ | 1234letshaveatw 11 hours ago | parent [-] | | The right to loot and burn buildings and threaten shopkeepers with rape | | |
| ▲ | mitxela 4 hours ago | parent | next [-] | | Exactly how the American slavers called the civil rights movement. | |
| ▲ | krapp 11 hours ago | parent | prev [-] | | America was founded on vandalism and violence, and Americans used to be proud of that. What happened? | | |
| ▲ | 4 hours ago | parent | next [-] | | [deleted] | |
| ▲ | simoncion 6 hours ago | parent | prev [-] | | Decades of reckless deregulation and -er- corporatism, the inevitable corporate consolidation that that behavior encourged, and "Stranger Danger!"-type fearmongering... I reckon. The previously-super-illegal pervasive domestic surveillance programs sure don't help things, either. No cost is too high to stop "terror" at home and abroad, amirite? :( |
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| ▲ | imtringued 12 hours ago | parent | prev [-] | | [dead] |
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| ▲ | hvb2 13 hours ago | parent | prev | next [-] | | > or even win re-election I mean, I would like to know what percentage of people makes an informed decision when voting for a judge for example. A lot of them run unopposed anyway. And if they don't, I have no idea how you would figure out what candidate you like best. Heck, in the US even the big political positions seem to be largely void of 'ideas'. It's mostly attack ads paid for by shady sources through PACs. That's where the majority of the votes are flipped/won... | |
| ▲ | morkalork 13 hours ago | parent | prev [-] | | Democracy is cool and all but perhaps roles like judges and prosecutors should be selected on competence, not by perceived tough-on-crime popular elections | | |
| ▲ | diskzero 13 hours ago | parent | next [-] | | Who does the selection? In the USA, doesn’t it always come down to voter choice one way or another? We typically elect a sheriff but a mayor appoints a police chief. The mayor is elected however. What process could be used to determine process and selection that would avoid voter input? | | |
| ▲ | triceratops 13 hours ago | parent | next [-] | | Open application process. Select whoever had the highest law school grades. Or alternatively make all the applicants take a competitive exam. Anonymous grading. | | |
| ▲ | criddell 13 hours ago | parent | next [-] | | First you should find some correlation between law school grades and competence of the lawyer. https://www.alanet.org/legal-management/2023/february/column... > When looking at on-the-job performance, our internal data — based on thousands of reports from actual attorneys at some of the top law firms — tells us that GPA on average has a 2.2% predictive validity. Meaning that GPA, the thing that the LSAT is meant to predict, explains very little. When we look directly at the LSAT, we see an even smaller correlation of 0.9% on average. | | |
| ▲ | triceratops 12 hours ago | parent [-] | | Nobody did a correlational study between electability and judge or prosecutor competence either. Would you agree knowledge of the law is a better, if still imperfect, indicator of ability as a judge or prosecutor than being merely appealing to voters? In any case, I think a competitive exam is better than law school grades. It allows for applicants who didn't do so well in law school but got better later. | | |
| ▲ | criddell 11 hours ago | parent [-] | | It's hard to craft an exam that isn't mostly testing how good the examinee is at writing exams. Things like the SAT, LSAT, GRE, etc... are good predictors of near-future academic success but not very useful beyond that. So, I think an exam is a bad idea unless it's a pass/fail exam (ie no grades, you either understand the law or you do not) and there should be no meaningful time constraint when completing the exam. That's basically the system in most states today, except the training comes after someone without a law degree is elected. There are state and federal oversight mechanisms with the power to remove bad judges. | | |
| ▲ | triceratops 9 hours ago | parent [-] | | > That's basically the system in most states today, except the training comes after someone without a law degree is elected. If you believe this is preferable to a system where knowledge is established before appointing the person, then we're not going to have much common ground. I'd invite you to read https://www.theguardian.com/us-news/ng-interactive/2026/oct/... for a look at Louisiana's justice of the peace system, whose justices only need a high-school diploma. IMO a law degree is the absolute bare minimum for any kind of judicial or prosecutorial role. It's bad enough cops aren't expected to know the law. How can anyone justify a judge with fewer qualifications than a bootcamp grad in a software role? | | |
| ▲ | criddell 8 hours ago | parent [-] | | I might vote for the 26 year old who just passed the bar but can't find work because I believe they know the law. My neighbor might vote for the retired high school principle because she believes the person has accumulated wisdom and experience dealing with people. Either person could be a great or terrible JP. Also, don't forget JPs mostly handle basic disputes, misdemeanors, and administrative tasks. You probably don't need a law degree to conduct a wedding ceremony or hear a shoplifting case. Would it surprise you to find out in lots of places the coroner is an elected position open to high school grads? |
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| ▲ | diskzero 13 hours ago | parent | prev [-] | | Who does the selection? Who approves the applications? Who ensures the process is open? It always comes down to winners of elections. The USA isn’t a technocracy or meritocracy, for better or worse. | | |
| ▲ | triceratops 13 hours ago | parent [-] | | > Who does the selection? Of what? > Who approves the applications? What's to "approve"? > Who ensures the process is open? Put it on a website and in the local paper. Applicants' names, their exam scores, their law school transcripts. > It always comes down to winners of elections Sure somewhere in the chain, at the end, there's an elected official. That's democracy. But elected officials can be required by law to use meritocratic selection criteria to appoint people. Many countries used or still use exams to hire bureaucrats. It's a very old concept: https://en.wikipedia.org/wiki/Civil_service_entrance_examina... https://en.wikipedia.org/wiki/Imperial_examination > The USA isn’t a technocracy or meritocracy, for better or worse. That's fine but a different argument from "it can't be done". | | |
| ▲ | diskzero 13 hours ago | parent [-] | | Ok. So we just need enlightened legislatures to enact these processes into law and fund them. I actually agree with what you propose, but am having a hard time seeing how to get such a system in place. |
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| ▲ | pjc50 13 hours ago | parent | prev | next [-] | | Appointment by mayor or local government is fine. Make it a normal public service job. There are reasonable questions about why the US needs quite so many fine-grained local police authorities and who polices the police, though. | |
| ▲ | 13 hours ago | parent | prev | next [-] | | [deleted] | |
| ▲ | voakbasda 13 hours ago | parent | prev [-] | | Make them fight to the death? Seriously, it would solve sooo many problems. |
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| ▲ | carlosjobim 12 hours ago | parent | prev | next [-] | | The highest level public offices should always be either directly elected, or appointed by an elected person for only the duration of their office. This way voters can get rid of them if necessary. Otherwise they become an unelected deep state. Other levels of public office should be strictly by competence. Meaning by trials open for all citizens. | |
| ▲ | josefritzishere 8 hours ago | parent | prev [-] | | [dead] |
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| ▲ | torginus 13 hours ago | parent | prev | next [-] |
| Usually when fraud is involved, people don't care about justice, they care about getting their money back, which means often the less legally competent party (who are often victims themselves) have to pay up, and good luck getting your money back. The story sounds like CashApp didn't do proper KYC, so they should be held liable. Also I very much doubt that someone built up a sophisticated operation just for 1 victim, so there must be others. Why doesn't the police connect the dots? |
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| ▲ | FireBeyond 13 hours ago | parent [-] | | > Why doesn't the police connect the dots? They don't care. My iPhone was stolen. Through a circuitous route, I was able to get the details of the eBay seller, someone who lived near me, and whose listing pages couldn't have been more blatant if it had a neon sign on it: 100+ laptops, mostly Macs, "no chargers, no accessories", often activation locked. Same with phones. So I went to my PD, with the buyer information, the seller, all of this. Their response: "Well, he probably didn't steal it himself." Huh, "Isn't it still a crime to knowingly sell stolen property?" "..." "..." Nothing done. As of a year later he was still steadily adding multiple phones and laptops a week to his listings. | | |
| ▲ | bryan_w 12 hours ago | parent [-] | | I'm not a lawyer, but it feels like you should consult one. If you have the legal information of this person and they have possession of your activation locked phone, sounds like you could at least sue him civilly or in small claims court for the value of it, if the DA won't do anything |
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| ▲ | FireBeyond 13 hours ago | parent | prev | next [-] |
| They give a shit about their conviction rate. And maintaining a comfortable relationship with their local police department(s). Very little else. While there are definitely issues of pay disparity, there are a lot of criminal law firms employing "former prosecutors". In my conversations with one or two - the pay is better, but the disillusionment and need to railroad defendants got to them. |
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| ▲ | annoyingnoob 13 hours ago | parent | prev | next [-] |
| Yes. My brother is a retired Public Defender. There are crazier stories. |
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| ▲ | pjc50 13 hours ago | parent | prev [-] |
| It's not stated in the article, but quite often when you look into these extraordinary miscarriage of justice stories in the US you find out what race the victim is, and then it becomes clear what's happening. |