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His crime is sufficiently distateful that I dont want to defend him specifically. But the overall subject raises interesting questions about enforcement of laws

His crime is sufficiently distateful that I dont want to defend him specifically. But the overall subject raises interesting questions about enforcement of laws and their applicability as enforcement approaches perfect. (ie 100%) For example consider speeding laws we can actually approach perfect enforcement using GPS data and engine management. But then the question becomes how does the archaic law morph when perfectly applied? Should _every_ driver who _ever_ speeds be charged the fine? That is roughly every driver every time they drive whom uses the highways near me. And how often should they be charged? Each time they exceed the speed limit (for example if speedlimit is 65 and I brake to 64, then speed to 66 several times, is that several tickets?) ... I suspect that most of our laws have been written without grace/forgiveness knowing that we used to only catch a small percentage of perpetrators, and likely the most egregious of them (assuming frequency & magnitude would increase probability of being caught). What ought do if that percent sky rockets, but the laws were designed for the former value?

oxplot 7y ago
Worth thinking about when this law came into effect and limitations of technology at that time. Given GPS data, it's possible to ensure the car never exceeds the speed limit and hence, perfect enforcement of the law may result in no more fines (or even less) as it does now. There is of course safety implications of forcing cars under a speed limit which the law would be taking into effect, which is yet another twist making the perfect enforcement unlikely.
naasking 7y ago
> I suspect that most of our laws have been written without grace/forgiveness knowing that we used to only catch a small percentage of perpetrators Or that we can choose not to prosecute in order to use their testimony against a bigger fish. It's called prosecutorial discretion, and it seems reasonable at first, but it's responsible for the slow encroachment of government in all aspects of private life. After all, why change or protest a law you break every day if it will never be used against you? Everyone probably breaks multiple laws a day without realising it. If everyone that broke any law had to be charged and prosecuted, we would have a much more politically engaged populace, a much more efficient process to appeal judgements and repeal unjust laws.
- maerF0x0 7y ago
  I would also argue that having to mount a defense against an accusation is sufficiently punitive (can easily bankrupt) almost any individual in today's society (at least in north America). Maybe it's easier to just pay the speeding ticket because to fight it would cost 10x in lawyers fees. That's not justice, it's just economic extortion.

oxplot 7y ago

Worth thinking about when this law came into effect and limitations of technology at that time. Given GPS data, it's possible to ensure the car never exceeds the speed limit and hence, perfect enforcement of the law may result in no more fines (or even less) as it does now. There is of course safety implications of forcing cars under a speed limit which the law would be taking into effect, which is yet another twist making the perfect enforcement unlikely.

naasking 7y ago

> I suspect that most of our laws have been written without grace/forgiveness knowing that we used to only catch a small percentage of perpetrators Or that we can choose not to prosecute in order to use their testimony against a bigger fish. It's called prosecutorial discretion, and it seems reasonable at first, but it's responsible for the slow encroachment of government in all aspects of private life. After all, why change or protest a law you break every day if it will never be used against you? Everyone probably breaks multiple laws a day without realising it. If everyone that broke any law had to be charged and prosecuted, we would have a much more politically engaged populace, a much more efficient process to appeal judgements and repeal unjust laws.

maerF0x0 7y ago
I would also argue that having to mount a defense against an accusation is sufficiently punitive (can easily bankrupt) almost any individual in today's society (at least in north America). Maybe it's easier to just pay the speeding ticket because to fight it would cost 10x in lawyers fees. That's not justice, it's just economic extortion.