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Separate from the question of software liability is the court's responsibility to not make egregious errors. Historically, courts have been unwilling to assign
by awinter-py 10y ago
Separate from the question of software liability is the court's responsibility to not make egregious errors.
Historically, courts have been unwilling to assign themselves blame for screwing up. Judicial immunity is untouchable in american case law because it's hard to find a judge willing to rule against it.
The standard of due process is high for 'life and limb' cases but low for misdemeanors & traffic violations. When Fixed discovered that most SF parking tickets are challengeable, SF didn't fix the problem -- they turned off their fax machine to make it harder to challenge tickets. https://techcrunch.com/2015/10/12/fixed-the-app-that-fixes-your-parking-tickets-gets-blocked-in-san-francisco-oakland-l-a/ https://techcrunch.com/2015/10/12/fixed-the-app-that-fixes-y...
NYC issued fake parking tickets to the tune of hundreds of thousands of dollars. http://iquantny.tumblr.com/post/144197004989/the-nypd-was-systematically-ticketing-legally http://iquantny.tumblr.com/post/144197004989/the-nypd-was-sy...
Jurisprudence doesn't have a concept of 'bulk miscarriage of justice'. You could put NSA surveillance in this camp too. There's a star trek line about genocide which says 'we have no law to fit your crime'. That's where we are with petty crimes mishandled in bulk.