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You have an interesting point. I think the struggle that I see as a layperson, is that the system fails hard when it fails. Let me ask a question, is jail the
by bluejekyll 10y ago
You have an interesting point. I think the struggle that I see as a layperson, is that the system fails hard when it fails.
Let me ask a question, is jail the appropriate sentence for a contempt of court charge? This is not the first time, reporters have been jailed for many months bc of contempt of court charges. Is this the appropriate sentence for the crime of not complying with a court order?
I don't know what the alternative would be... also, on the question of guilt vs. innocence. I can see myself agreeing with you that since the state has such a high burden of proof to meet, that the defense has a an implicit advantage, the issue is that the statistics are showing a far greater issue of a imbalance of justice being applied at different levels of society. There is no good reason that I can see where an innocent poor person goes to jail because of a bad defense, vs a guilty rich person who gets off because of a great defense.
Justice is supposed to be blind.
- godelski 10y agoWell I would consider myself a layperson and welcome anyone with actual experience to help educate me on the subject matter. I'm saying this because I'm just offering my own opinions. In reference to your question I'll pose another question: "Should this be counted as being in contempt of court?" As to the innocent people going to jail because of bad defense, I think this is why we need to fail in the direction of the innocent. I'd personally rather guilty men go free than innocent men be imprisoned. I think if we're going to figure out the limitations of the 5th Amendment in the digital age we need to decide which direction the system is going to fail. I think many on HN will agree with me, but I'd be interested to know what the country as a whole believes (if anyone has that info).