| ▲ | benjiro29 13 hours ago |
| * authorities have offered Smith a plea deal including a $1,000 fine, $1,000 in restitution and three years' probation.* This is the goal ... They know they are at fault but admitting they made a mistake is damaging to careers. In a lot of cases a carrot is dangled in front of people ... You can wast a lot of time (and money) fighting for your innocent, and take the risk your still going to get convicted. Or you can take the plea deal, and it absolves us from our mistakes. And you save money because its cheaper then paying all those lawyers and court costs. And your innocent anyway, so that probations has no effect on you. I forgot the source but the amount of prosecutions that are plea down is staggering. A lot of actual innocent people take plea's because its cheaper, then the alternative. And there have been plenty of people innocently convicted (even on shaky evidence), so most people take plea deals and they can move on with their lives. This results in a culture where investigations are annoying. Where pressure is ramped up again and again to break people into taking plea deals. The biggest issue is, if you actually refuse to take a plea deal, then all resources are put against you to get a actual conviction, even if they know your innocent. "Why did you not just take the plea deal". Well, time to punish you for not taking it. Because repeat after me again, careers are on the line and losing cases hurt those future (potential political) careers. Its the same why prosecutors fight tooth and nail, even if clear evidence is shows that a person was innocently convicted and spend X years in jail. It not about justice, its about protecting those careers. The proof of innocents is heavily put on the other party, and it really hits hard on people who do not have the financial means. |
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| ▲ | aorloff 7 hours ago | parent | next [-] |
| I was in a jury pool for a case where the DA was attempting to prosecute petty vandalism to pressure a young adult over a minor crime ($500 worth of graffiti) because they wanted cooperation on another larger crime. It wasn't going anywhere. When I finally got called up to voir dir I explained that I thought the real crime was sequestering 300 people for a day over $500. I suggested we collect $2 from each person in the jury pool (far less than we paid for parking that day) and cover the alleged damages and not only be done for the day, but have achieved some real measure of justice. Lets just say the judge didn't agree and I got let out of voir dir. |
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| ▲ | jrockway 6 hours ago | parent | next [-] | | My experience has been the same. I was on a grand jury, so pre-indictment and no voir dire, and there were many BS cases like this. We returned "no true bill" on all of them, which made me really proud of my randomly-selected neighbors. Cops were trying to railroad so many people over subway fare evasion, upgrading stealing $2.50 from the MTA to felony drug charges. We didn't bite. I did remark that I would just give them the $2.50 rather than ruining some high school student's life. (Seriously, just take it out of my taxes. I'm happy to work to fund public transportation.) | | |
| ▲ | triceratops 5 hours ago | parent | next [-] | | MTA already has a half-price program for low-income people. I agree fare jumpers don't need jail but they need some punishment. Make them clean the station and pick up trash for an hour, right then and there (I'm just spitballing). Otherwise it's unfair to law-abiding people. | | |
| ▲ | jacquesm 4 hours ago | parent | next [-] | | I think public transport should be free. That solves the whole problem because it makes no sense to dis-incentivize the use of public transport to begin with and the fares are disproportionally hard on the lowest earners. | | |
| ▲ | triceratops 8 minutes ago | parent | next [-] | | > it makes no sense to dis-incentivize the use of public transport to begin with MTA serves NYC. People who can't even afford the subway are definitely not driving over there. | |
| ▲ | kccqzy an hour ago | parent | prev | next [-] | | Absolutely not. People don’t appreciate free things psychologically. When they don’t appreciate it they trash it: vandalism, littering will all become bigger problems. To prevent this effect, you have to have a well educated population first. That’s actually an even more difficult problem to solve. | | | |
| ▲ | tempestn 3 hours ago | parent | prev | next [-] | | It's unfortunate, but one problem with free public transport absent other changes is that then it becomes de facto free shelter, which degrades the service for people using it as transport. | | |
| ▲ | dpc050505 2 hours ago | parent | next [-] | | That wouldn't be an issue if we also provided shelter to the most distressed people in our society. As if we don't have the technology to build housing on the cheap. Our lack of communal will to help fellow people is a real shame. | | |
| ▲ | jdietrich 10 minutes ago | parent | next [-] | | Homelessness only partially overlaps with what British authorities euphemistically refer to as "street lifestyles". The people you see blacked out in the gutter or ranting wildly on a subway car are disproportionately likely to be homeless, but their behaviour is not the result of homelessness - many of them do in fact have a stable home and most of the rest would continue to behave in an antisocial manner even if they were adequately housed. The problem of persistent disorderly conduct by a small minority of highly disturbed people is either an unfathomably complex psychiatric issue, or a fairly straightforward carceral issue. | |
| ▲ | saimiam 2 hours ago | parent | prev [-] | | to offer free public transport to people, we now have to solve housing at a societal level. To solve housing, we have to fix zoning laws. to fix zoning laws, we have to fix NIMBY-ism which needs partisanship to be solved. To fix partisanship... | | |
| ▲ | AnthonyMouse an hour ago | parent | next [-] | | > to offer free public transport to people, we now have to solve housing at a societal level. To solve housing, we have to fix zoning laws. to fix zoning laws, we have to fix NIMBY-ism which needs partisanship to be solved. To fix partisanship... Aren't half of these wrong? NIMBY-ism isn't particularly partisan. Find a suburb and it's probably full of NIMBY zoning rules regardless of which party has the majority there. This is one of the things which isn't red vs. blue, it's "got mine" vs. the people who don't get a vote because they can't afford to live there because they don't get a vote. You also don't have to "solve housing the societal level" to keep the homeless from using the subway as a bedroom. That's the better way to do that, but you can also do things like build homeless shelters that resemble (and therefore have the density of) college dorms in places where the "neighbors" are auto salvage yards, warehouses, prisons, abandoned buildings or the like and are correspondingly less likely to object to putting them there. And then anyone you catch being disruptive on the subway gets a free one-way ticket to the shelter. | |
| ▲ | makeitdouble an hour ago | parent | prev | next [-] | | Shelter should be, but doesn't need to be housing. When people fear that public transportation becomes shelter they're not arguing houses will be built in train stations. Having other places with a roof, some security and some public amenities should go a long way to avoid other services getting bogged down by homelessness. | |
| ▲ | alsetmusic an hour ago | parent | prev | next [-] | | Why shouldn't we have exactly the ambitions you're using as an argument against change? I support all of those proposals. The richest nation in history could do all of that easily if there was the will to do so. If giving away free public services could be grifted to increase the bottom line of the ultra wealthy, we'd have a utopian society. | |
| ▲ | garciasn an hour ago | parent | prev [-] | | I absolutely despise the world we live in where the default answer to everything is effectively “no.” I wish we could get to a point where we default to “yes” and find solutions rather than making it easier to say “no.” | | |
| ▲ | jacquesm an hour ago | parent [-] | | It's worse than that even. It is 'things are bad, therefore we can't begin to improve'. Weirdly enough that never goes in the other direction. The day that people realize that people without a lot of money are also people things will start to improve. And this is rather more than less likely to happen because I suspect there will be a lot more people without a lot of money soon compared to today. |
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| ▲ | jacquesm 3 hours ago | parent | prev | next [-] | | Another commenter already made the same observation. See reply there. | |
| ▲ | linsomniac 2 hours ago | parent | prev [-] | | >it becomes de facto free shelter So? Let it. If people need shelter, it's a shame we are building a ballroom instead of shelter. | | |
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| ▲ | bigDinosaur 2 hours ago | parent | prev | next [-] | | It's nice to have an opinion but free public transport causes many issues and isn't great policy, it actually means transport agencies have less money to invest and take out debt on as system use increases which is a very bad position financially. The same issues actually apply to roads as well and are a reason things like congestion taxes are a good idea. | | |
| ▲ | jacquesm 2 hours ago | parent | next [-] | | So, explain why it works in 100+ cities all over the world? Congestion taxes are completely different from ticket fees. | | | |
| ▲ | bigfatkitten 2 hours ago | parent | prev | next [-] | | Fares typically make a negligible contribution to the overall costs of operating the system. Public transport in the state of Queensland, Australia charges a flat fare of 50 cents. They only reason they charge anything at all is because they want the trip data for route planning purposes. | |
| ▲ | porkshoe 2 hours ago | parent | prev [-] | | Free public transport solves many issues and is a great policy. The notion that transit agencies need to be funded via fares is nonsense to begin with, but it looks even wackier when one looks at how roads are funded. |
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| ▲ | slyall 3 hours ago | parent | prev | next [-] | | Free public transport takes away money that can be used to improve service for everyone. Someone on minimum wage would prefer a bus they can actually use to get to work rather than having to buy/maintain a car because the free bus only comes once an hour. Have targeted low fares for the poor etc. | | |
| ▲ | jacquesm 3 hours ago | parent | next [-] | | Of course it doesn't. The cost of public transport is a cost to society. It will be paid regardless of ticket fees. Hence the word 'public' in 'public transport'. The difference is that by making the users of public transport pay you give people a good reason not to use it when there are alternatives available. But those alternatives have a hard time competing with free. https://en.wikipedia.org/wiki/Free_public_transport It exists, and it works. And the best bit: all the money spent on the whole administration around tickets, making tickets, enforcing laws, gates and so on can be spent on improving the system. | | |
| ▲ | saimiam 2 hours ago | parent [-] | | > all the money spent you mean all the money saved? The unspent money are only a factor in the year following the year when the non-spend started. After that, no one will remember that they used to spend to some big figure on all the things you listed and assume that the operating budget of the transport agency has always been the lower figure. |
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| ▲ | djsjajah 3 hours ago | parent | prev [-] | | Go have a look what percentage of the operating costs are covered by fares in your city. I wouldn't be surprised if the costs relating to fare enforcement were more than the revenue from fares. | | |
| ▲ | bigDinosaur 2 hours ago | parent [-] | | You aren't taking into account that transport agencies can raise a lot of funding based on yearly revenue so multiplying fares out in terms of the debt that can be serviced yearly can easily reach billions which can be used for capital investment. | | |
| ▲ | dwattttt 2 hours ago | parent [-] | | I can't tell what you're saying; are you saying that "yearly revenue from fares is big", even when someone says "fares aren't the major revenue source, and sometimes doesn't even exceed the cost to implement"? |
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| ▲ | bongoman42 3 hours ago | parent | prev [-] | | The problem with free public transport is that it turns into a de facto homeless shelter. And then it isn't safe to use anymore. You let people evade fares and then those people go onto stab people like Zarutska. | | |
| ▲ | jacquesm 3 hours ago | parent | next [-] | | That's a different problem, and it requires a solution by itself. > You let people evade fares and then those people go onto stab people like Zarutska. That has nothing to do with it. The guy that committed that murder wasn't going to be deterred by a ticket fee. But it is interesting that you should right away jump from the one to the other, effectively using the poor dead girl for your agenda. Crime and homelessness are complex problems some parts of which are easy to solve and some of which are much harder. You can't simply jump from 'someone got murdered on public transport' to 'public transport can't be free'. | | |
| ▲ | bretthoerner an hour ago | parent [-] | | https://www.bart.gov/news/articles/2026/news20260908 | | |
| ▲ | alsetmusic an hour ago | parent | next [-] | | I ride BART. I'm two blocks from a busy transfer station. It's great for going to a show and getting home without driving (drunk). Arguing that modern fare gates lowered crime is a pretty terrible response to the comment to which you responded. It shows a real lack of articulation ("crime bad, crime down here, therefore I don't need to refute what you said"). The original poster said: > The guy that committed that murder wasn't going to be deterred by a ticket fee. I don't see how lower crime on BART due to fewer people hopping the turnstiles refutes that at all. (Huh, I just learned turnstiles is spelled with an I and not a Y. At least your comment led to me learning something.) It just seems defeatist, which is what the people looting this country want. | |
| ▲ | jacquesm an hour ago | parent | prev [-] | | You can cut crime all the way down to zero by shutting down all transport. You could decrease it to a very low minimum by setting a $100 / trip fare. But then it wouldn't be public transport anymore. |
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| ▲ | ninjagoo 2 hours ago | parent | prev | next [-] | | > The problem with free public transport is that it turns into a de facto homeless shelter. Perhaps there's something broken about a society that has a significant homelessness issue. The free public transport isn't the problem, it's likely that society has a surplus of citizens that prevent economic progress and/or the deployment of solutions known to be effective against homelessness. | |
| ▲ | overfeed 2 hours ago | parent | prev [-] | | > The problem with free public transport is that it turns into a de facto homeless shelter. I don't think $2.50 is what's preventing this from happening today. |
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| ▲ | tomrod 5 hours ago | parent | prev | next [-] | | Or make the transportation free, then you don't have to worry about policing infractions and instead spend the low effort policing money on cleaning, security, and improvement. | | |
| ▲ | triceratops 5 hours ago | parent | next [-] | | There's an argument that making people pay a fare improves cleanliness and security to an extent. I don't know if there are studies about it. But it's a persuasive argument. | | |
| ▲ | ninjagoo 2 hours ago | parent | next [-] | | > But it's a persuasive argument. Persuasive to what type of people? | | |
| ▲ | triceratops 34 minutes ago | parent [-] | | Even to a lefty liberal like me. But I'm open to data that, actually, it'll turn out fine. What doesn't work is laws that aren't enforced. Either enforce them or repeal them. |
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| ▲ | NewJazz 5 hours ago | parent | prev [-] | | At that point just make separate no fee, low fee, and high fee train cars with varying levels of poor people and/or cleanliness. | | |
| ▲ | black_knight 4 hours ago | parent | next [-] | | The class system… such a classic! | | |
| ▲ | NewJazz 2 hours ago | parent | next [-] | | You kid, and it would be kinda horrible in certain ways, but I genuinely think it would increase ridership significantly. Let's face it, classism right now manifests as: * poor folk use terrible public transit * med income folk drive cars * high income/wealth folk get driven around by robots or staff At least with the classist train you cut down on emissions and public funds spent fixing roads. And I'd argue it's a bit less unequal than the status quo in 95% of the US. | |
| ▲ | saimiam 2 hours ago | parent | prev [-] | | Do you not take flights to travel between cities because they are classist? |
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| ▲ | deadonarrival 4 hours ago | parent | prev [-] | | Ah yes, a caste system on tracks. That will surely work | | |
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| ▲ | black_knight 4 hours ago | parent | prev | next [-] | | Ah, yes, the cost of the price is rarely considered. Think of the money society would save just in not having to pay up for the payment system! | |
| ▲ | mediaman 3 hours ago | parent | prev | next [-] | | This is a great way to destroy public transit! The plan is to let anyone on the subway, with no fares. It turns out that the violent, unstable people who make public spaces unwelcoming are disproportionately represented among those who cannot pay $2.50 for a fare. So they scare off regular transit riders who mode shift to something else. It's vastly more expensive and difficult to react to violence on the subway than to keep violent people out with a small fare, so it's financially and logistically impossible to actually keep it safe. Then your transit ridership tanks and people who hate funding transit can declare the whole thing a giant waste of money and any new funding dies politically because now there's no public ridership constituency left. Nobody cares about the revenue gained from $2.50 fares. What matters is the tiny amount of resistance that offers to the small number of people who are largely responsible for making public transit unwelcoming. | | |
| ▲ | ninjagoo 2 hours ago | parent [-] | | > It's vastly more expensive and difficult to react to violence on the subway than to keep violent people out with a small fare Are you making a case that a violent person, who ignores the stringent laws of society against violence, will diligently follow the laws of society requiring $2.50 prior to riding public transport? LOL | | |
| ▲ | saimiam 2 hours ago | parent [-] | | Your argument is like saying I won't put a basic privacy lock on my gym locker because, you know, a creep wanting to sift through my things is going to do it anyway. There is a cost benefit analysis that even serial offenders go through to pick a victim. If a transit system insists on fares, it is likely they are watching out for fare dodgers which increases the risk of getting caught even before the offender gets a chance to offend. | | |
| ▲ | ninjagoo an hour ago | parent [-] | | > There is a cost benefit analysis that even serial offenders go through to pick a victim Are you making the case that a society unable to protect its denizens from violent offenders in broader society will be able to protect its denizens on public transport from those same violent offenders through the application of a $2.50 fare? Hmm. |
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| ▲ | justsomehnguy 4 hours ago | parent | prev | next [-] | | There is too much communism in this sentence. | |
| ▲ | tyrabound 4 hours ago | parent | prev [-] | | [flagged] | | |
| ▲ | omgwtfbyobbq 4 hours ago | parent | next [-] | | Or fund it fully through taxes, like roads, schools, etc... | | |
| ▲ | thesmtsolver2 3 hours ago | parent [-] | | A lot of roads have tolls. Don’t forget more specific taxes like gas taxes or vehicle registration and sales taxes. |
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| ▲ | sanswork 4 hours ago | parent | prev [-] | | Or you know run it as a public service like the roads. We are able to do that without enslaving road maintenance employees. |
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| ▲ | loumf 4 hours ago | parent | prev | next [-] | | The cop made me call my mom on a pay phone and 40 years later I still have to hear about it. Cruel and unusual. | | |
| ▲ | Obscurity4340 3 hours ago | parent [-] | | One made me call my Dad to spite my psycho mother who dragged me tothe Station thinking the cop was gonna scare me straight ratherthen the outcome of him seeing her insanity and pleading with me to stay in contact with the only responsible adult in the room who wouldnt screw me over for the rest of my natura life It was all very vindicating |
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| ▲ | c22 3 hours ago | parent | prev | next [-] | | > Make them clean the station and pick up trash... This should just be an established way to pay your fare. | |
| ▲ | roosterIllusi0n 3 hours ago | parent | prev | next [-] | | Then charge them cleanly and don't artificially try to inflate charges. It is the duty of any jury to let someone off when they feel its malicious prosecution. Police, Prosecutors, and Judges all openly use their discretion. Each of them could have quashed the charge before it got to a jury. The jury is the last line of discretion. Police, prosecutors, and judges love to call it "jury nullification" but its the same power that police, prosecutors, and judges use multiple times a day. The only crime I see is that police arrested an innocent person on false evidence, prosecutors charged someone based on false evidence, and a judge is actually allowing this case to proceed all based on evidence that everyone knows is false. | |
| ▲ | selfsimilar 5 hours ago | parent | prev [-] | | There should be some teeth, but also we should be prepared for a small amount of "unfairness" baked into the system. If there are no controls, everyone will cheat. But if there's too many obstacles (turnstiles, checkpoints, conductors, cameras, etc) then people won't want to ride. | | |
| ▲ | jacquesm 3 hours ago | parent [-] | | > If there are no controls, everyone will cheat. That just isn't true. Not even remotely. |
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| ▲ | tyrabound 5 hours ago | parent | prev | next [-] | | That’s a great idea, just get people to voluntarily sign up to pay for things like that for the criminals. Like you said, take the $2.50 one way several times a day, every day for one person, times however many people do that out of your income since you want to pay for it. I am no fan of this rotten and illegitimate government or the fake and imitation justice system, but what do you think happens if every thug can just jump fare and get away with it, because if you had $1000 per month taken out of your paycheck every month, in sure you’d be singing a different tune. | | |
| ▲ | horsawlarway 4 hours ago | parent [-] | | Or we can all just agree that maybe basic transit in a city should be subsidized, maybe say... To the same degree that road construction is? At which point no one would need to pay a fare, and we'd all still save money trying to prosecute broke teenagers trying to move around a city? | | |
| ▲ | gnabgib 3 hours ago | parent | next [-] | | Public transit is subsidized in a lot of the world. Subsidized is good. Free though.. free is a problem. A good or service that someone doesn't have to pay for becomes valueless to them, despite it still costing someone (sponsor, owner)/something (corp, gov). Examples: A free Christmas party, where the cost of the convention center/catered dinner/wine on the table/entertainment was about $110/pp. Those costs were all paid in advance (you might be able to exceed catering, wine is probably fine but at a different rate.. but otherwise you're stuck with the bill/contract), but when tickets were free the no-show rate ("didn't cost me anything") was about 30%. We switched to $20/ticket, and yes there were grumbles about the company being cheap, but the no-shows fell to around 8%. There's free sections of transit in our city (not the whole system). Most of the disruption and police call-outs happen in this section.. open drug use, screaming at/threatening other passengers or making them feel unsafe, making a home, thefts & pickpockets (does a thief buy a ticket? Perhaps if they spend 6 hours a day "working" and don't need the hassle of being checked for a ticket), even violent crime (stabbings, beatings, one gun situation). An unfortunate side effect of that is we have one of the worst riderships in part because people don't feel safe on transit, and when discussions of subsidies/improvement/expansion come up ridership is basically the only KPI. ("Oh only 12% of the city uses it, let's not further invest"). | |
| ▲ | Plasmoid 4 hours ago | parent | prev [-] | | Transit is very heavily subsidized by taxes. In the US, the least money losing system is BART which covers 70%+ of it's operating (but not capital) expenses through fares. | | |
| ▲ | drunner 4 hours ago | parent | next [-] | | The point is it should be free. Public roads are free. | | |
| ▲ | what 3 hours ago | parent | next [-] | | Sort of? The people using them (driving) pay significant gas taxes, plus parking permits, and other things. | |
| ▲ | metaphor 3 hours ago | parent | prev [-] | | Do you think that engineering, asphalt, machinery, and labor are bankrolled by charitable goodwill? Public roads are absolutely not free; you simply haven't thought hard enough about how the public indirectly pays for it. |
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| ▲ | kxrm 4 hours ago | parent | prev | next [-] | | > Transit is very heavily subsidized by taxes. So are roads. | | | |
| ▲ | nekusar 4 hours ago | parent | prev [-] | | By Republican logic, public libraries "lose money". So do a lot of public services. But it's not about some shitty private equitymoney extraction. And it's not lost money. Public transit is already substandard to driving, and should be free. And it'd be a way to reduce congestion too. But no, it "loses money". | | |
| ▲ | what 3 hours ago | parent [-] | | Can you name a country where public transit is free? I think a better goal would be to not have to travel across the city for basic needs and services. Would reduce congestion even more. | | |
| ▲ | mauvehaus 2 hours ago | parent | next [-] | | The buses running along the I-91 corridor in VT/NH USA centered around White River Junction VT and Hanover/Lebanon NH have been free to ride since around Covid. And those are two transit agencies. Broadly: one serves north of Hanover, the other south. | |
| ▲ | SXX 3 hours ago | parent | prev [-] | | Not a country, but it's free in Belgrade, Serbia for last two years. Due to weird goverbnment statistics and unaccounted expats officially it's 1.1M to 1.6M of people, but actually there likely well over 2M people living there. Public transport is pretty good there and it cost their budget $300M-$400M a year. |
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| ▲ | what 4 hours ago | parent | prev [-] | | > Seriously, just take it out of my taxes. I'm happy to work to fund public transportation. Why don’t you just write a check to your transit authority every year then? | | |
| ▲ | 0hijinks 2 hours ago | parent [-] | | In the off chance this is a genuine question, this thought experiment is always resolved with "reasonable payments are only effective if many people contribute, and that is probably okay". Consider the extremes:
- No one does anything. The cause fails. No one goes broke. Many people are modestly inconvenienced.
- One average citizen donates everything to a worthy cause. No one else donates. The cause fails and the donor is broke. Many people are modestly inconvenienced.
- Everyone donates a small fee to a worthy cause. The cause achieves its aim. Some people do not benefit, and are modestly inconvenienced. The choice, when given these two extremes, is clearly to decide by some consensus whether the interests of many (who would otherwise be modestly inconvenienced) outweigh the interests of the few (who would be modestly financially inconvenienced). But it assumes the cause is truly worthy, the money is handled faithfully, and the survey method is fair and accurate. |
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| ▲ | jpablo 6 hours ago | parent | prev | next [-] | | I wouldn’t want to live in a place where crimes below $1,000 go unpunished. | | |
| ▲ | michaelt 5 hours ago | parent | next [-] | | Perhaps there are alternatives other than "small crimes go unpunished" and "people make false admissions of guilt, pressured by the ruinous cost of the justice system, 300 jurors needed for a single trial" If we've got a Lamborghini justice system, delivering amazing performance to people with a spare $250k and doing nothing for anyone else - some would say that's not the right price/performance trade off. | | |
| ▲ | zaphirplane 5 hours ago | parent [-] | | False dichotomy? Ignoring smaller crimes just because they're under $1,000 isn't the answer. things can quickly spiral. How many times do you wake up to your car scratched window broken or whatever and would be ok ? | | |
| ▲ | michaelt 4 hours ago | parent | next [-] | | > False dichotomy? Yes, I'm trying to say it's a false dichotomy. There are plenty of other ways you could organise a justice system, many of which would lead to more just results. For example - a fixed price system. 8 hours wages from the two parties to the dispute buys 30 minutes with one judge and two lawyers. More than enough time to deal with a minor matter like a scratched car. Or if you prefer a continental-style inquisitorial system, you can lose the lawyers and have 90 minutes with a judge. The fees mean judges and lawyers take home 5x the average salary. | | |
| ▲ | ModernMech 4 hours ago | parent [-] | | If you pay close attention, many of the replies are concerned more about exacting punishment than moving toward justice. |
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| ▲ | codebje 4 hours ago | parent | prev [-] | | How often do you get that sort of crime attended to and resolved satisfactorily? |
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| ▲ | AngryData 5 hours ago | parent | prev | next [-] | | I don't like living in a place where wage theft dwarves all other thefts combined, but we put ridiculous resources towards petty crime. | | |
| ▲ | olalonde 5 hours ago | parent | next [-] | | By the way, the stat you mention counts consensual arrangements as wage theft, probably the large majority of it (e.g. hiring illegal immigrants for under the minimum wage). Calling that "theft" is a rhetorical move, much like libertarians calling taxation "theft": it borrows the moral weight of stealing for something that's legally and morally quite different. If the stat had been calculated from asking workers, "does your employer owe you money that they refuse to pay?", I suspect the number would drop dramatically. | | |
| ▲ | deadonarrival 4 hours ago | parent | next [-] | | You don't think large corporations are stealing from their workers? | | |
| ▲ | olalonde 3 hours ago | parent | next [-] | | I'm saying that much of what's called "wage theft" isn't theft in any normal sense of the word. It's the equivalent of calling employees who take long bathroom breaks or slack off on the clock "wage thieves." Do employees slack off on the job? Yes. Do corporations hire contractors when labor regulations forbids them to? Yes. Is either one comparable to theft? No. | |
| ▲ | consensus1 3 hours ago | parent | prev [-] | | Almost never. The larger the corporation the more strictly the rules are followed. I have worked for fintech startups and have some horrifying stories that would absolutely never fly at a larger company. |
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| ▲ | ModernMech 4 hours ago | parent | prev | next [-] | | Calling the arrangements consensual is also a rhetorical move. | |
| ▲ | roosterIllusi0n 3 hours ago | parent | prev [-] | | Wage theft is a real crime and you don't get to rename it because your feelings are somehow hurt. Calling taxation "theft" is just vapid right wing mccarythism. Rich people paid mccarthy money to lie over and over again because at the time it was illegal to broadcast those lies on tv or radio. But a senator was immune and could lie all they wanted. You are never going to be right about anything if you actually think what you posted makes any sense. | | |
| ▲ | olalonde 3 hours ago | parent [-] | | Sure, I was just pointing out why the stat is misleading. People unfamiliar with the study or the term would assume it refers to employers outright withholding agreed-upon pay. If you only counted cases that meet the legal definition of the crime of "wage theft," the figure would much lower. |
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| ▲ | taneq 5 hours ago | parent | prev | next [-] | | Gotta keep the poors in line. | |
| ▲ | EA-3167 5 hours ago | parent | prev [-] | | To be clear, you're claiming that wrongdoing by one party justifies wrongdoing by another, and your enabling of the latter because you're ideologically aligned with it? I'd also be interested to know what the crime they were trying to get a lead on was. If it's another case of minor tagging then I can empathize more with the concerns about the prosecution, but if it's something more dire then frankly using judicial leverage strikes me as entirely appropriate. | | |
| ▲ | AngryData 5 hours ago | parent | next [-] | | Im saying they are wasting everybodies time and money and by spending large resources on petty crime like graffiti instead of spending that time and money on prosecuting systemic crime and theft by employers that occurs far more frequently. If someone gets stabbed outside my house every day with no charges filed, yeah im going to say spending resources prosecuting a fist fight at a bar is a waste of resources. | | |
| ▲ | EA-3167 5 hours ago | parent [-] | | But GP made it clear that the graffiti charge wasn't the target, it was intended to pressure the person involved into turning on a different criminal associate. Ignoring that reality in favor of focusing exclusively on the charge itself seems unhelpful to me. | | |
| ▲ | crote 5 hours ago | parent | next [-] | | "25 to life for jaywalking, but you'll walk free if you snitch" sounds like extortion to me. If he's an accomplice, them charge him with that, and turn it into a classical prisoner's dilemma. Don't just make up bullshit charges, that's abuse of the justice system. | | |
| ▲ | EA-3167 4 hours ago | parent [-] | | Except they're not trumping up penalties, it's just "Pay the fine for Jaywalking or snitch." In this case the person did a little more than Jaywalking so they're on the hook for more. It's also possible to have information on a criminal act or conspiracy without being an accomplice. I appreciate the extremely... principled morality of some here, but the law isn't an ethical framework, it's a practical one informed by ethical principles. It's also not a computer program, people are involved who make decisions based on a number of factors ranging from professional and selfless, to careerist and selfish. That's life. A really easy way to avoid all of this is to stay out of the system, it's not as though he's in for stealing a loaf of bread to feed his starving child. | | |
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| ▲ | adgjlsfhk1 4 hours ago | parent | prev [-] | | Extortion for testimony doesn't tend to produce reliable testimony. | | |
| ▲ | EA-3167 4 hours ago | parent [-] | | Perjuring yourself into a felony to avoid a $500 fine on a misdemeanor sure would be a choice, I'm not convinced it's one frequently made. |
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| ▲ | jrflowers 5 hours ago | parent | prev [-] | | “To be clear, you’re saying something that’s impossible to infer from what you wrote because I made it up?” lmao |
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| ▲ | esikich 29 minutes ago | parent | prev | next [-] | | I don't want to live in a place where a fine of < $1000 causes 100 people to have to take a day off of work only paying them $30 for their time. | |
| ▲ | apsurd 6 hours ago | parent | prev | next [-] | | Im sure you’re familiar with the problem that lower thresholds creates a tool for selective application. | |
| ▲ | pas 6 hours ago | parent | prev | next [-] | | and still. limited resources means some crimes will go unpunished. let's start with the ones above $1,000 first, hm? | | |
| ▲ | adolph 5 hours ago | parent | next [-] | | The interesting thing about thresholds is that antisocial behavior models itself to the threshold, whether by conscious awareness or by an evolutionary pattern. The pair is accused of stealing around $3,200 worth of merchandise, primarily meat, seafood, and produce, from one or more Safeway locations across 14 separate incidents.
https://sfist.com/2026/05/14/police-arrest-man-accused-of-re... | | |
| ▲ | pas 5 hours ago | parent [-] | | structuring is illegal for tax evasion too! obviously if someone is a repeat offender then as they cross the threshold, chop-chop, straight to jail, charge them with the whole batch of crimes together. it doesn't mean keep no records of crimes and don't respond at all. |
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| ▲ | IshKebab 5 hours ago | parent | prev | next [-] | | Criminals have some brains. What do you think they'll do when they figure out that crimes under $1k go unpunished? Look what happened with shoplifters. | | |
| ▲ | apsurd 5 hours ago | parent | next [-] | | Doesn’t that prove actually that the act of theft is not some calculated needs based negotiation in need of “the right threshold” to deter crime? Like fare hopping, first half of my life i thought how unfair that i have to drone away as a tool of society and pay like a shmuck meanwhile these freeloaders have happily escaped the matrix. second half of life i realized being unwilling or unable to pay $2.50 for public transist is an issue between that person and their life situation. If that’s what they need, I support the subsidy. | | |
| ▲ | pas 5 hours ago | parent [-] | | safe transit is important exactly for the people who barely have a few dollars for transit. subsidized tickets are the way to go. by enabling and allowing fare evasion for those who need it unfortunately allows those to get in who don't need to. https://www.bart.gov/news/articles/2026/news20260908 | | |
| ▲ | apsurd 5 hours ago | parent [-] | | Good framing. its a better way to convey that crime isn’t simply solved by punishing the “bad” people. |
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| ▲ | liveoneggs 4 hours ago | parent | prev [-] | | yeah we have extremely recent examples of this philosophy playing out and people are here defending it. It's bonkers! |
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| ▲ | jedmeyers 5 hours ago | parent | prev | next [-] | | > let's start with the ones above $1,000 first, hm? The criminals start with the ones below $1,000 and then progress above. If you start punishing it earlier, you won't have to deal with as many above $1,000 crimes in the first place. | | |
| ▲ | lesuorac 5 hours ago | parent | next [-] | | Which <1000 crime did maddof start with? Your claim makes for a good sound bite but its just not how it works. Subway evasion isn’t a gateway crime. | |
| ▲ | apsurd 5 hours ago | parent | prev | next [-] | | If you can’t pay for your next meal $20 might as well be $2 thousand or $20 thousand. Thats why overdraft fees are exploitative. A person doesn’t steal a sandwich from 7-11, not get caught, then suddenly realize they can drain unsuspecting grandmas’ bank accounts by implementing a long con through masquerading as a long lost nephew through Facebook. | |
| ▲ | itqwertz 4 hours ago | parent | prev | next [-] | | Anecdotally, I’ve heard that some big box stores like Target and Walmart allow shoplifters to get away with petty crime but save all evidence of these crimes to one day prosecute once the total shoplifted goes above the threshold of petty crime. Sometimes, these people would be goaded into this lifestyle by people who have agreements with Loss Prevention teams. Everyone wins except the shoplifter. | |
| ▲ | tadfisher 5 hours ago | parent | prev | next [-] | | How is one earning money through graffiti damage | |
| ▲ | infinite_spin 5 hours ago | parent | prev [-] | | Ah yes, the graffiti artist to bank robber pipeline.. well done. |
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| ▲ | hdgvhicv 6 hours ago | parent | prev [-] | | So mug a rich person, deal with it. Mug a normal person and ignore it. | | |
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| ▲ | taneq 5 hours ago | parent | prev [-] | | I wouldn’t want to live in a place where innocent people are forced under threat of financial destruction to make false confessions for crimes they didn’t commit, but here we are. |
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| ▲ | jsemrau 4 hours ago | parent | prev | next [-] | | Having society (a group of unrelated jurors) to pay for the crimes of an individual (however minor you perceive them to be) is not justice.
That's why you got kicked out. | | |
| ▲ | selcuka 4 hours ago | parent [-] | | But they were already paying for the crimes of an individual, in the form of time wasted, and parking fees. Their suggestion was about minimising it. | | |
| ▲ | jsemrau 3 hours ago | parent [-] | | If you go further down this line of argumentation you will end up at what will be cheaper capital punishment or prison for life. |
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| ▲ | Aunche 6 hours ago | parent | prev | next [-] | | $500 was the damages that they were caught doing. Not the total damages they caused. If every "empathetic" person volunteers to pay $2 every time someone wants graffiti on their property removed, regardless of how often graffiti keeps reappearing, then maybe the DA wouldn't feel a need to prosecute. | | |
| ▲ | maxerickson 2 hours ago | parent | next [-] | | Accused of causing. | |
| ▲ | apsurd 5 hours ago | parent | prev [-] | | What? after reading your first sentence many times it’s basically saying you’re of the mind that a criminal very likely has way more crimes that we’ve just haven’t seen so they should be prosecuted heavily for the one we did see just to make sure we get our prosecution-bang for the buck? | | |
| ▲ | Aunche 5 hours ago | parent | next [-] | | Not sure where you got that idea. No where did I express interest in punishing the perpetrator for anything more than what they were caught. My point is that their "solution" to justice does not solve vandalism the way that it they think it does. | | |
| ▲ | apsurd 5 hours ago | parent [-] | | what do you mean when you say the $500 is for what they were caught doing not the total damage caused? Do you mean like $500 may be the estimate of repair but living in a heavily graffitied neighborhood lowers property values? so net damage is way more? | | |
| ▲ | Aunche 4 hours ago | parent [-] | | Do you seriously believe that this person only tagged once in their life and got caught the first time? Even they just happened to be very unlucky, do you think they would never do it again? I'm not talking about how the law should treat them. They should still receive a punishment fit for a $500 crime. The person responded claimed this was a waste of everyone's time and money, but that's missing the point. If the vandal has absolute no consequences they have no incentive to stop. |
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| ▲ | consensus1 3 hours ago | parent | prev [-] | | If the punishment is equal to the value of the crime then as long as the rate at which you are caught is less than 100% crime is a profitable option. |
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| ▲ | tomcam an hour ago | parent | prev | next [-] | | Brilliant! I'd get the pay per view just to see the judge's face when you made this proposal. Also you have balls of steel. | |
| ▲ | rayiner 4 hours ago | parent | prev | next [-] | | Vandalism is a crime against the social order. | |
| ▲ | wisty 5 hours ago | parent | prev | next [-] | | Hot take - the criminal should pay the jury if they're clearly guilty and wasting everyone's time. And the judge. And if they resisted arrest, the cost of the extra police work. | | |
| ▲ | Blackthorn 5 hours ago | parent [-] | | That is literally how it works in many places in the USA. They have to pay for the prison stay too. |
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| ▲ | thraway3837 3 hours ago | parent | prev | next [-] | | Jury duty is the single dumbest thing I have ever done in my adult life. Nobody wants to be there, and half the jurors were falling asleep. When we got to the deliberation room, everyone wanted to GTFO as quickly as possible and we just went by our feels. In the end, everyone loses. Millions of dollars wasted... on perception of justice. What a freaking joke. | |
| ▲ | fleroviumna 6 hours ago | parent | prev [-] | | [dead] |
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| ▲ | alsetmusic an hour ago | parent | prev | next [-] |
| It's similar to the Iowa courthouse break-in by hired pentesters. They had a contract for the work and very small people in the place where it occurred wouldn't let go. This kind of behavior is shameful and should result in jail time for bad-faith prosecutions. https://arstechnica.com/information-technology/2019/11/how-a... Podcast eps about it (with the testers): https://darknetdiaries.com/episode/59/ https://darknetdiaries.com/episode/179/ |
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| ▲ | ninjagoo 2 hours ago | parent | prev | next [-] |
| Carmen Ortiz, a prosecutor, was accused of driving reddit co-founder Aaron Swartz to his end with her plea-bargain tactics per this article [1][2] [1] https://www.forbes.com/sites/timothylee/2013/01/17/aaron-swa...
[2] https://web.archive.org/web/20260227061241/https://www.forbe... |
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| ▲ | gruez 7 hours ago | parent | prev | next [-] |
| >This is the goal ... They know they are at fault but admitting they made a mistake is damaging to careers. Is this actually true? The way the techspot article was laid out certainly implies that prosecutors knew about all the contradicting evidence, but they offered a plea deal. However, if you read the article carefully it doesn't mention any interaction with the prosecutors or that the contradicting evidence was presented to them. |
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| ▲ | WaitWaitWha 6 hours ago | parent | next [-] | | where would the plea deal come from if there was no interaction with the prosecutor's office? | | |
| ▲ | gruez 6 hours ago | parent [-] | | They could have sent her a letter? More importantly it's unclear what the timeline of the events were. All the contradictions could have been discovered after the plea deal was offered. | | |
| ▲ | albedoa 20 minutes ago | parent [-] | | I want to be very clear here because the implications are extremely funny: Do you not consider sending a letter to be an interaction?? |
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| ▲ | underlipton 6 hours ago | parent | prev [-] | | >Is this actually true? Yes. It's not that hard to imagine that the legal system is set up to protect the comfort and careers of the people who have to be in court every day, and not necessarily the 99% of people who are in there for a handful of days - total, across a lifetime - because they had a bad day or two, or were unlucky, or need help that society is as-yet unequipped to give them. It does not surprise me that the letter and spirit of the law have a tough time surviving the practical realities of being administered, day-in-and-day-out, by fallible and self-interested human beings. |
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| ▲ | N_Lens 21 minutes ago | parent | prev | next [-] |
| Our society is like a beastly machine that feeds on the souls of living beings (Human and animal) in order to keep functioning. I studied Masters in Criminology and I have to say that Justice is absent from the Criminal 'Justice' system. |
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| ▲ | mring33621 13 hours ago | parent | prev | next [-] |
| Prosecutors "protecting those careers" is 100% true Source: I work with a top defense lawyer in Chicago |
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| ▲ | burnte 7 hours ago | parent | next [-] | | Absolutely. I actually went to trial many years ago because a DA wouldn't back down, he thought I'd bend. I didn't. We literally had video footage of the culprit, it clearly wasn't me and clearly WAS someone else. The DA waited until the day before we were to pick a jury to drop the charges, just a few days before trial. After, the DA even said to me, "I'm a dangerous man to make an enemy of." I think I was 20, so obviously I was cocky and snapped back "So am I," and stormed off. I not live a thousand miles away from that crappy little town. | | |
| ▲ | underlipton 6 hours ago | parent | next [-] | | I would be interested to know from him why he, personally, felt that you defending your innocence made you his enemy. | | |
| ▲ | alistairSH 3 hours ago | parent | next [-] | | Because the DA has a win/loss ratio to maintain. If it drops too low, how is he ever going to run for governor? It's all about power using it to protect their career. | | |
| ▲ | Der_Einzige 16 minutes ago | parent [-] | | Being a DA should disqualify you from ever working in politics, especially democratic politics! Looking at your Harris! Liberals know that you forced a lot of people to stay locked up after they should have been freed because she fought a federal order as DA. Fuck whatever her fake liberal accolades were. |
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| ▲ | xp84 6 hours ago | parent | prev | next [-] | | Seriously. And what kind of moron did the D.A. he think was that he would take a criminal conviction on his record by pleading guilty, when he had video evidence of his innocence!! Just to avoid embarrassing the D.A., a stranger to him? | |
| ▲ | soulofmischief 5 hours ago | parent | prev [-] | | When I was 19 and told the DA I'd be fighting my case and proving my innocence, I watched a vein pop out of his head. He got the better of me though, his dad was the mayor and the judge was in his pocket and they facilitated an absolutely mockery of a trial despite zero evidence, and my public defender was in on the racket and refused to allow me an appeal, and the jail refused to give me new counsel. This same DA has a reputation for assaulting prostitutes and just got sworn in as the parish judge. I guess playing fair would have hurt his career because my understanding is to be a judge out there you have to demonstrate crookedness. | | |
| ▲ | 3 hours ago | parent | next [-] | | [deleted] | |
| ▲ | bena 5 hours ago | parent | prev [-] | | Louisiana? Not surprised. | | |
| ▲ | NewJazz 4 hours ago | parent | next [-] | | Especially after reading this earlier in the week https://www.theguardian.com/us-news/ng-interactive/2026/oct/... | |
| ▲ | soulofmischief 5 hours ago | parent | prev [-] | | I was arrested as a minor because someone who was giving me a ride was found with 0.156 grams of cannabis residue in his booksack which was not accessible to me at any point. The other two defendants had parents and accepted pretrial. I was homeless with no parental support or money for pretrial and had to fight it. The driver went on stand and said it was his and that I never had access to it. Half a dozen cops testified wildly different stories. But, my right to a jury trial was illegally taken from me and the judge simply said, "I think you're lying," without a shred of proof and gave me the maximum allowed 6 month jailtime and maximum fines for a misdemeanor charge given to me as a minor with no prior record. I immediately told my attorney I wanted to appeal due to a mistrial and her failure to make a valid motion to quash, and she looked at me, pointed at the judge, and furiously scolded me, saying, "Absolutely not. That is my boss and he will make my life hell if I allow you to appeal." The other parish public defender, which they'd pulled from my case due to his desire to actually help me, was so upset that he went to the judge's quarters, screamed at him and then came to my cell to apologize profusely about me getting illegally railroaded. He was never able to fix my case. His brother... was the DA. Now he is running to replace him as DA since his brother got sworn in as a judge. I'm going to reach out to him and try to get it removed from the system now. Also, when I got arrested, the DA's dad, the town mayor, personally visited the home of the folks who were letting me stay in their garage so I could finish high school and tried to convince them to put me out on the street so that I would fail my classes and end back up in jail. The fucking mayor. So many levels of fucked up to that case. Not to mention that the officer who arrested me is a known meth producer, distributor and user. I have personally witnessed her bring a smurf to the pharmacy to buy sudafed IN HER POLICE UNIT so that she could go cook meth while on duty. And while in court for my own case for 0.156 grams of a material that was never found on my person or within reach of me, I watched a man who was friends with the judge get sentenced to a grand total of 20 days of community service after being found with two ounces of pot in his pockets and a bottle of whiskey while illegally hunting on someone else's land out of season without permits, operating a firearm while basically blackout drunk. It is literally who you know. | | |
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| ▲ | dataflow 6 hours ago | parent | prev | next [-] | | Can the DA's past history be used as evidence in future cases to show they're not credible? | | |
| ▲ | vkou 5 hours ago | parent [-] | | Courtroom trials aren't supposed to be the DA's word against the defending lawyers. They are supposed to be about evidence presented by them. |
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| ▲ | ww520 6 hours ago | parent | prev | next [-] | | Should reply "and you have made an enemy today." | |
| ▲ | LorenPechtel 6 hours ago | parent | prev [-] | | I'd like to see a three way verdict: guilty/not guilty/innocent. An innocent verdict would mean the defendant had proven beyond a reasonable doubt that they did not do the act and would put the state on the hook for all costs. A jury that hung between not guilty and innocent would be considered to be not guilty, no retrial. Reality works better when misdeeds carry costs for those who commit them. | | |
| ▲ | mcbuilder 6 hours ago | parent | next [-] | | People mentioned it in the article, it used to be "innocent until proven guilty". No need for a third category. | | | |
| ▲ | darreninthenet 5 hours ago | parent | prev | next [-] | | They used to have this in Scorland - Guilty, Not Guilty and Not Proven, with the last two legally having the same affect (ie being aquitted) but I believe Not Proven was abolished at the start of this year. | | |
| ▲ | crote 5 hours ago | parent [-] | | I believe the problem was that in practice it became He Totally Did It But The Evidence Sucks So He Gets To Walk Free, and was increasingly interpreted as such. In the public's eye, everything besides a Not Guilty meant you did it. |
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| ▲ | ndriscoll 4 hours ago | parent | prev | next [-] | | Or if the jury acquits, they are asked whether it was reasonable for the state to prosecute the case for each of the charges. If ≥50% say no on any charge, criminal charges are automatically brought against the prosecuting attorney and judge for malicious prosecution. Conviction carries mandatory disbarment plus prison time. | |
| ▲ | soulofmischief 5 hours ago | parent | prev | next [-] | | "Your honor, I was innocent of that prior crime and it shouldn't be used to enhance the sentencing of this current case, nor to influence the jury's perception." "I'm sorry, it says you weren't found guilty; it doesn't say you were innocent." Now extrapolate this to your friends or potential employers. "Sure, LorenPechtel wasn't proven guilty of murdering 500 orphans as accused, but he never fully proved his innocence with a detailed and corroborated minute-by-minute log of his activities for the past 5 years. So maybe he did it!" It's innocent until proven guilty. Not guilty until proven innocent. A third category would be abused to high heaven, and the courts already engage in far too much abuse. | | |
| ▲ | crote 4 hours ago | parent [-] | | Except for plea bargains, where it is often "innocent until bullied into accepting a plea deal as the better option - even when you didn't do it". No need to prove anything there. | | |
| ▲ | soulofmischief 4 hours ago | parent [-] | | I am currently in the court system defending my innocence regarding a recent incident which I can't currently discuss, and the officer who charged me was literally bragging about how most of the charges would get "pled down"; he was openly and deliberately frontloading me with bogus extra charges hoping some would stick if I did a plea deal for the rest. He told me that if I talked back to him, he'd give me an assaulting an officer charge just because he could get away with it. The corruption is baked into the system from top to bottom. |
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| ▲ | idontwantthis 5 hours ago | parent | prev | next [-] | | There are sort of other options like an Alford plea where, my understanding is, the prosecution knows you didn’t do it, you plead guilty anyway and they tell you to just fuck off. | |
| ▲ | nujabe 6 hours ago | parent | prev | next [-] | | I like this! | |
| ▲ | ant6n 5 hours ago | parent | prev [-] | | so then if you're not guilty, so not actually innocent, you're like... kinda guilty, right? you could still end up on the no-fly list, or the sex offenders list, or what have you. |
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| ▲ | monksy 6 hours ago | parent | prev | next [-] | | Serious question.. when you do get picked up for something like that and you invoke your rights for silence. How do you get council? Do you already have a number, do you already have a relationship with a defense attorney? How do you navigate that? | |
| ▲ | 7 hours ago | parent | prev [-] | | [deleted] |
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| ▲ | linuxhansl 5 hours ago | parent | prev | next [-] |
| That is the theme. A jury trial is inherently risky. While conceptually a good idea, you are betting the outcome (and your future) on a bunch of folks without any legal training - and who did not manage to get out of jury duty. And so the prosecution heaps on threats of years and years of prison time, or "take this little plea bargain". They still get their "conviction." |
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| ▲ | rustcleaner 7 hours ago | parent | prev | next [-] |
| This is partially fixed by making The People of the State of __________ pay for the lawyer of the defendant's choosing. It imposes real costs to the state in these cases. |
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| ▲ | wahern 6 hours ago | parent | next [-] | | There's an argument that the cost of prosecution is one reason for the proliferation of offenses and increase in sentence lengths. Part of that is the de facto extension of a right to jury trials for misdemeanor offenses in almost every American jurisdiction. If the defendant can force a jury trial for a misdemeanor, which is in fact quite costly for prosecutors, then the response is to raise the stakes with felony charges. Legislatures are aware of this dynamic and oblige prosecutors with more offenses and more punitive maximum penalties. Countries like the UK and France don't have jury trials for minor offenses. (They're not as common for major offenses, either, but that's a different matter.) Sentences tend to be much shorter and it's a major reason their incarceration rate is so much lower. I'm not against jury trials. For one thing it'd be better if juries were more local. 100+ years ago in major US cities it was more common for trials to take place within or closer to each neighborhood. Juries were often composed of people from the neighborhood. The consolidation of courts and trials in mega courthouses broke this community link; people from outside a neighborhood are systematically more harsh than they would be if judging their actual neighbors. Not because of favoritism, but because it's easier for them to appreciate the repercussions of an overly punitive system (broken families, destroyed career prospects, etc). If you want community involvement in even minor crimes, misdemeanor jury trials can still be streamlined. You could do something similar to some European countries where a few lay judges sit alongside the professional judge, or something that used to be more common in the US where a single jury hears multiple cases each day (still a thing for indictments). But such trials would still have to dispense with alot of the procedural rigor to keep things moving along at a rapid clip. | | |
| ▲ | dataflow 6 hours ago | parent | next [-] | | > If the defendant can force a jury trial for a misdemeanor, which is in fact quite costly for prosecutors, then the response is to raise the stakes with felony charges. I'm not quite understanding this. What is there to be gained by raising the stakes? Doesn't it make defendants even more determined to seek justice? | | |
| ▲ | tialaramex 5 hours ago | parent [-] | | Justice is unavoidably somewhat a "roll the dice" situation. Suppose the threat is 10 years in Jail. You reckon there's a 1-in-a-million chance they can convict you since you're innocent and they have no evidence. The plea offer is $100 fine. That's a good deal, not taking it on principle is a stance I admire but it does not make good logical sense. What the US needs is a strong incentive for prosecutors not to take cases they expect to lose. That wouldn't really fit with the rest of the US "justice" system though. | | |
| ▲ | wahern 5 hours ago | parent | next [-] | | The sad thing is that speed in apprehension and prosecution has been shown to be the most important element by far for deterrence. Marginal deterrence effects of harsher sentencing for most crimes is basically nil at this point. The complexity of plea deals and the incentive they create for defense attorneys to drag things out breaks the perceived cause+effect dynamic, at least for typical criminals. The system just becomes this juggernaut where both guilty and innocent people alike feel it's utterly capricious. At least until the recent tough-on-crime regression almost everybody agreed the system is too harsh. Even conservatives were on board with lighter sentencing. But unsurprisingly that broad public support didn't persist for long because the structural incentives of the system push it toward greater dysfunction. Without structural changes lighter sentencing alone just makes it more profitable for criminals to roll the dice. The complexity of the system evolved with the harsher sentencing, but can't change back as easily as sentencing policies, so we fall back to the old equilibrium that slowly gets worse along every dimension--fairness, cost, deterrence, etc. | | |
| ▲ | consensus1 3 hours ago | parent [-] | | IMO low level offenses like shoplifting would be better served by a quick cheap ass kicking on the spot by the police with no charges filed. You get the deterrent effect without the massive waste of resources. | | |
| ▲ | wahern 2 hours ago | parent [-] | | Before the advent of the modern carceral approach that's not unlike what we had. You got flogged 3 times or stood in the stocks for a day. Though at least there was process--the sentence was imposed by a judge, not a cop. The benefit there was you weren't disappeared for days or months on end, completely destroying your life. |
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| ▲ | opello 36 minutes ago | parent | prev [-] | | [dead] |
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| ▲ | octoberfranklin 4 hours ago | parent | prev [-] | | > Countries like the UK and France don't have jury trials for minor offenses. If it leaves you with a criminal conviction, I don't consider it to be "minor". If the state wants to label me as a criminal, I should get a jury trial. |
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| ▲ | gruez 7 hours ago | parent | prev [-] | | https://en.wikipedia.org/wiki/Public_defender_(United_States... Of course, "of the defendant's choosing" causes all sorts of moral hazard. | | |
| ▲ | rustcleaner 3 hours ago | parent [-] | | The defendant's choosing is so he doesn't get stuck with a [relatively] low paid and overworked public defender. It's so he has the same opportunity to hire the high powered winners on the state's dime and the state has to pay full price that attorney demands. If costs and taxes get too high, people should start voting for more selective prosecution candidates. The state intends to take [part of] his life away, the state needs to pay for the process. |
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| ▲ | ipaddr 6 hours ago | parent | prev | next [-] |
| Easy fix make prosecutors become defense lawyers every second case. Outcomes of both affect careers. |
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| ▲ | octoberfranklin 4 hours ago | parent [-] | | Unfortunately chief public prosecutor is an elected political position. Chief public defender isn't, and in fact that position doesn't even exist. So success in defending will never affect political careers. | | |
| ▲ | maxerickson 2 hours ago | parent [-] | | Did you not consider that they were proposing "change"? There's probably arguments against the change, I dunno, I haven't thought about it. "You can't change things" isn't one of them. |
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| ▲ | crossroadsguy an hour ago | parent | prev | next [-] |
| One of these days someone, or some people, will finally lose it and this time hopefully they aim away from the schools. |
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| ▲ | saidnooneever 4 hours ago | parent | prev | next [-] |
| its sad peoples job security or toxic work culture can cause innocent people to rot in jail. humans really suck at being human. the app providers dont want to admit fraud is running over their platform. the justice department cant admit any mistakes either. Its a problem which will only get worse as the economy declines. And as the economy declines, more places get breached because more criminality and at the same time less money to secure things. I cant see this getting any better which is kind of terrifying. One more reason i can think of is that if people get super afraid of these problems, then they might even start asking for mass surveilance to help prove their innocense in these kinds of things. Which again is an incentive / reasoning for higher government not to do anything about it, because it creates opportunities where current population sentiment is taking them away... |
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| ▲ | wat10000 6 hours ago | parent | prev | next [-] |
| Plea bargains should not be allowed. Rewarding someone for not going to trial is equivalent to punishing them for insisting on their ancient legal right to a fair trial. If the prosecution wants to make a deal with someone in exchange for testimony then they can request a lighter sentence after the defendant is found guilty, but they should still be required to prove guilt. Yes, I know the legal system doesn’t have anywhere near enough resources to take every case to trial. Don’t care. Give the system more resources or prosecute fewer people or some combination of the two. |
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| ▲ | _DeadFred_ 13 hours ago | parent | prev | next [-] |
| I stated above, part of a plea requires the defendant to affirm that they were not coerced into the plea, because you can't legally waive your Constitutional right to trial under coercion, you would still retain that right if coerced. But how can the Courts accept that a threat of many more years of incarceration over your head is not a threat, and you weren't coerced by that into accepting a lessor plea? Plea deals are constitutionally invalid because they coerce defendants into giving up their constitutional right to trail with the threat of the 'trial tax' (a much much longer sentence if you DO go to court and exercise your Constitutional right). |
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| ▲ | IncreasePosts 3 hours ago | parent [-] | | I've thought about this and I don't understand why we can have plea deals which are so radically different from the potential punishment if found guilty. Like, if the state thinks you did it and offers you a $1000 fine, how is it reasonable to potentially go to jail for 6 years if found guilty? The state already showed that it believed that the crime was only worth a $1000 fine. Maybe there should be a rule that whatever plea deal offered should be the maximum punishment possible if you're found guilty. | | |
| ▲ | skeptic_ai 22 minutes ago | parent [-] | | Because is bullshit so you take the plea. The huge fine is just up crap to force you to plea |
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| ▲ | teeray 6 hours ago | parent | prev | next [-] |
| It would be an interesting mechanic if the plea deal also altered a ceiling penalty (multiplier maybe?) in the event of a loss for the defendant. |
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| ▲ | skeptic_ai 18 minutes ago | parent [-] | | Would be also better if the lawyer on the other side gets some penalty if lies or is misleading and pay to defendants cash |
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| ▲ | marcosdumay 13 hours ago | parent | prev | next [-] |
| The job description of US criminal persecutors is wrong. People there should work into fixing it. |
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| ▲ | glitchc 7 hours ago | parent | next [-] | | It's not the lawyers but the KPAs. If a prosecutor's promotion is judged based on the number of successful prosecutions, then there's every incentive to prosecute and zero incentive to dismiss charges. Fixing the system requires changing the incentives. Individuals would adjust accordingly. Edit: It won't get fixed because ultimately the metrics trickle up to Joe Public, who is notoriously tough on crime. Lawyers had to fight popular sentiment to get rid of the death penalty in most states. Even today, between death and life imprisonment, the former is preferred by the general public. | | |
| ▲ | onefiftymike 5 hours ago | parent | next [-] | | The prosecutor where I grew up had the cops mad at him too because he would only prosecute if it was a slam dunk win. He didn't want to risk not getting a conviction so many crimes had no action if they didn't have spotless evidence. So somewhat a win, but still not good that known criminals are out and about because the prosecutor didn't want to risk a not-guilty verdict. The whole system is pretty broken. | |
| ▲ | underlipton 6 hours ago | parent | prev | next [-] | | >Even today, between death and life imprisonment, the former is preferred by the general public. Source? | | |
| ▲ | tialaramex 5 hours ago | parent [-] | | Yeah, that seems dubious to me. Among the public here in Britain it's somewhat popular but not a majority, with far lower popularity among people who understand how the sausage is made. Here's somebody who has put quite a lot of thought into this explaining why it's a bad idea from a purely practical standpoint: https://www.youtube.com/watch?v=_DrsVhzbLzU The woman defending the Death Penalty in that clip is Priti Patel, a Tory MP who was until recently in their Shadow Cabinet. You'd hope she can do better, but judging from her subsequent comments she still doesn't get it. Now, in the UK most people with a life sentence will (after quite some time) be eligible for parole. Historically it was possible for politicians to block this, but of course the consequence is that if a particularly notorious criminal is scheduled to be paroled, politicians are under pressure to prevent that, while a criminal who didn't attract much public interest leaves on schedule - that's manifestly unfair and a European court told the Brits they can't do that, so eventually the UK's Supreme Court decided there needed to a specific rule, identify a category of people who won't be paroled, and the category they decided on was people who have been convicted of at least two separately conceived murders. Several European countries have no life sentences. Breivik for example got 21 years, and since he's still an avowed Nazi who wants to kill more people, and will likely still be an avowed Nazi when his sentence ends, they will just hold him until he stops being a Nazi or he dies. No additional sentence needed. [Edited: Priti left her Shadow role a few weeks ago] | | |
| ▲ | crote 4 hours ago | parent [-] | | What's the motivation for keeping Breivik locked up? I have trouble believing it is for his political views, the human rights courts don't tend to like that sort of thing. Is it not just a case of "murderous lunatic remains locked in asylum after criminal sentence until cured" - which can very well be until his death? | | |
| ▲ | tialaramex 4 hours ago | parent [-] | | "I want to kill people" isn't a "political view" in the sense you seem to imagine. Maybe I should have emphasised the bit where he wants to kill people more than the fact he's a Nazi? But the two are intertwined. He wants to kill people because he's a Nazi, these are not unrelated in his mind. I'm sure in his mind it makes sense. But everybody else disagrees and considers that, as you said, the murderous lunatic can't be released. |
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| ▲ | awesome_dude 6 hours ago | parent | prev [-] | | > ultimately the metrics trickle up to Joe Public, who is notoriously tough on crime This behaviour, by Joe Public, is a serious problem, in that it's an emotional response, not a logical one, and absolutely never based on informed debate | | |
| ▲ | pstuart 2 hours ago | parent [-] | | Joe Sixpack is not a deep thinker. He cares about getting his immediate needs met. He wants to be entertained without having to be forced to think. He wants to see people that he's been conditioned to hate be punished. He wants people he can look down on so he doesn't feel like he's at the bottom of the pile. |
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| ▲ | voakbasda 13 hours ago | parent | prev [-] | | It will not be fixed. The lawyers have control of our legal system. They are the politicians and judges. The system is theirs; if we want to change the status quo, it will take nothing less than a bloody revolution. | | |
| ▲ | maerF0x0 7 hours ago | parent | next [-] | | Or a flood of new lawyers with a basis of Beneficence and ethics, and a knowing willingness to act against maximal short-term self interest. (Though still self profitable, just not maximally) | | |
| ▲ | anonymous908213 7 hours ago | parent | next [-] | | The old lawyers determine who gets to become a new lawyer. | | | |
| ▲ | glitchc 7 hours ago | parent | prev [-] | | That may be just as likely as having a high net worth individual donate their entire fortune to you gratis. As in, just as unlikely. |
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| ▲ | 6 hours ago | parent | prev | next [-] | | [deleted] | |
| ▲ | consensus1 3 hours ago | parent | prev | next [-] | | Also most of the legislators | |
| ▲ | awesome_dude 6 hours ago | parent | prev | next [-] | | Politicians being trained lawyers is a good thing - they (supposedly) know the nightmare that is the legal system To put it into a software developers context - which hopefully makes it easier to understand for some. The law is legacy code that stretches back a few centuries (literally) that has been written by many many people with little in common, and has active users who must be consulted upon change. | |
| ▲ | Razengan 7 hours ago | parent | prev [-] | | Lawyers are the first thing AI should drive out of business. | | |
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| ▲ | FireBeyond 13 hours ago | parent | prev | next [-] |
| > I forgot the source but the amount of prosecutions that are plea down is staggering. I'd wager that 99% of the plea deals that occur in the world occur in the US. No other country uses it to the extent we do, and it's not even close. In many countries it's not an available option, or when it is and it's used, its use is heavily regulated and requires (meaningful) oversight by the judge on fairness, likelihood of conviction, etc. And once you've accepted a plea deal it's not just a matter of making your plea - you also have to sign a whole raft of documents waiving a whole raft of rights, about appealing your conviction, about the right to present evidence in your defense in the future, or to witnesses, you have to sign a statement saying that even if you were to (attempt to) change your plea that it is your acknowledgment, "based on material facts" that the state is in possession of enough evidence to convict you. |
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| ▲ | onlypassingthru 9 hours ago | parent | next [-] | | >No other country uses it to the extent we do That is incorrect. Japan has a 99% criminal justice conviction rate because of so many plea deals. https://en.wikipedia.org/wiki/Criminal_justice_system_of_Jap... | | |
| ▲ | somat 7 hours ago | parent | next [-] | | It sort of makes sense, why would you bring a case to trial that is not complete? A complete case will always win. The trial is the final check if the case is complete. | | |
| ▲ | ktallett 6 hours ago | parent [-] | | Japan only takes cases they know they can get a prosecution on, not that they know they are guilty |
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| ▲ | FireBeyond 8 hours ago | parent | prev [-] | | Huh? This is a wild misstatement. Even your link doesn’t support this, and says that the "most likely reason" for the high rate is that prosecutors have broad discretion over whether to prosecute at all, and credits low prosecution rates and a different way of calculating the rate. The new system has been in place for less than ten years, only covers a very limited set of crimes and is much more modeled on cooperation than coercion. The Ramseyer and Rasmusen paper reported 99.9% convictions in 1994 (49,598 of 49,643), when the law did not allow plea bargains. The rate was already above 99% long before plea deals existed. | | |
| ▲ | metalman 7 hours ago | parent [-] | | nasty that 'statistics' are hauled out as 'proof', fuck me Japan has an unbelievable low crime rate, and some ridiculous number of criminals turn them selves in. There is something like a 90%+ rate of lost wallets just droped in a mail box and returned, and american soldiers are responsible for the bulk of violent crime in a large radius around each base.
It goes on and on, not that I think that highly of the Japanese, but due credit is theres and the US is the crime, jail, more crime and corruption leader of the planet and there is nowhere worse except where the US (cia) is running some through the worst sadistic perverts they can find and support, which makes almost all of the worst crime on the planet the direct fault of america, but
as we see in this case under discusion, america is now having trouble EXPORTING it's contradictions and is just eating the coolaid powder dry. | | |
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| ▲ | underlipton 6 hours ago | parent | prev [-] | | See also: settlement in lieu of judgment in civil cases. There is an entire industry (debt collection) built around using the courts as a cudgel to coerce people into settlements for debts that they might not have a legal obligation to pay (because of the debt collectors' poor record-keeping, running afoul of procedural issues or consumer protection laws, etc.). Particularly for smaller amounts, attorneys will not represent consumers for defense, and (no matter what anyone tells you) judges defer to fellow lawyers if the issue goes to trial and a defendant is self-represented. Perversely, it's sometimes in a person's best interests to rack up larger debts, so that their case is worthwhile for an attorney to pick up, at which point they will likely try to negotiate a settlement rather than go to trial. |
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| ▲ | Der_Einzige 21 minutes ago | parent | prev | next [-] |
| This shit is why my hippie dippie state where it’s hard to prosecute people is actually a good thing. Sadly, more fenty street walker is a sign that cops aren’t as empowered to deprive random people of rights. But everyone knee jerks into voting out the cool DA who drops victimless criminal prosecutions because they don’t like a fenty zombie screaming in the streets. I happen to love my mostly low policed state for this exact reason. They’re almost never there to help you, and mostly just want to fuck you up! |
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| ▲ | thraway3837 3 hours ago | parent | prev | next [-] |
| And the worst part is that once you take the plea deal, you are guilty. Both in perception and by record. So once it comes out that you plead, your employers will fire you. Makes it impossibly hard to find another job as your name comes up as a criminal. What I'm really confused about: Can't they have just checked the victim's bank records? The money would be taken out of the the Cash app and back into their own account. Or, if used for other service, there would be records of where it was spent and you could see the geographic activity. On an entirely different note. Just wow. I know a lot of people who don't "do online" finance anything. And this kind of stuff is terrifying, because they would not even know that someone else had setup an account using their PII. |
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| ▲ | red_candle_wax 6 hours ago | parent | prev [-] |
| > This is the goal ... They know they are at fault but admitting they made a mistake is damaging to careers. I iamgine bullshit easy plea deals also get you nice numbers for a "tough of crime" image for political clout even if some of the most vile crimes get some of the lightest sentences imaginable |