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Following on, it would be far more effective to just radically reduce the obscene rates of arrest and incarceration in this country, make sure bail is fair so u
by beat 11y ago
Following on, it would be far more effective to just radically reduce the obscene rates of arrest and incarceration in this country, make sure bail is fair so unaffordable bail isn't used to force guilty pleas, make sure we have sufficient public defenders (easy to do if we could lighten their case load by 80% or so), and in general radically reduce the chances of someone getting arrested/charged in the first place.
Another interesting attack front would be modern riot control techiques like "kettling". Kettling is the practice of herding protesters with chemicals and force into a road blocked at both ends by police walls, ordering everyone to disperse, then arresting everyone and charging them with failure to disperse. Usually, the charges are simply dropped just before habeus corpus issues set in - after people sit for three days in jail without even a hearing. Kettling is an affront to the ideals of the Constitution and it'd be wonderful to see it either legally abolished, or made unaffordable with successful lawsuits.
- ncallaway 11y agoI absolutely agree with the reforms that you've proposed. I think these are another important reform that can bend the curve on prosecutorial misconduct. Prosecutorial misconduct and irresponsibility is a big reason why we have obscene rates of incarceration. I totally agree that we should radically reduce the rates of incarceration, but how do you do that? Do you tell prosecutors to incarcerate fewer people? Do you give each one a maximum quota? Do you apply a penalty for each case that they get wrong?
- beat 11y agoCertainly, this particular case is prosecutorial misconduct. There was probably probable cause for the initial arrest, but not to keep it going. Sometimes I wonder how much of this is prosecutors not wanting to admit they were wrong and they did an awful thing to an innocent person?
- bryanlarsen 11y agoThis one has a simple answer: reduce or eliminate Prosecutorial Immunity https://www.google.ca/search?q=prosecutorial+immunity https://www.google.ca/search?q=prosecutorial+immunity