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>Getting rightly accused of possession of light drugs and ending up in prison is a much worse outcome, and it happens to many, many times more people. Can we j

>Getting rightly accused of possession of light drugs and ending up in prison is a much worse outcome, and it happens to many, many times more people. Can we just agree that both are a perversion of our justice system? Blackstone's formula, "Better that ten guilty persons escape than that one innocent suffer" was very influential do the people who designed our initial legal system. The reason it is important is that if innocent people believe they will be prosecuted unjustly, they have no incentive to stay innocent. This of course will turn us into a lawless society. https://twistingtruth.wordpress.com/better-10-guilty-men-go-free/ https://twistingtruth.wordpress.com/better-10-guilty-men-go-...

tsimionescu 7y ago
But public opprobrium for a presumption of guilt is not a part of the justice system. Also, the prevalence of this problem you are raising is extremely small in reality. The opposite is still much more likely - people who are guilty of various crimes who escape unpunished both by the justice system but also from public scrutiny.
- Clubber 7y ago
  "University of Michigan law professor Samuel Gross led a team of experts in the law and in statistics that estimated the likely number of unjust convictions. The study, published in Proceedings of the National Academy of Sciences determined that at least 4% of people on death row were and are likely innocent. Gross has no doubt that some innocent people have been executed.[18][19]" https://en.wikipedia.org/wiki/Wrongful_execution https://en.wikipedia.org/wiki/Wrongful_execution It seems small unless you are one of the 4%, that's just direct affect to the individual and their family. The indirect effect to you and me is lawlessness. "It is of more importance to the community that innocence should be protected, than it is, that guilt should be punished; for guilt and crimes are so frequent in this world, that all of them cannot be punished....when innocence itself, is brought to the bar and condemned, especially to die, the subject will exclaim, 'it is immaterial to me whether I behave well or ill, for virtue itself is no security.' And if such a sentiment as this were to take hold in the mind of the subject that would be the end of all security whatsoever" - John Adams, Defending British soldiers charged with murder for their role in the Boston Massacre For the record, I think it's a travesty that people get thrown in jail for petty crimes, or that petty crimes in general have become felonies, sold by politicians who want to appear "tough on crime." I don't think it serves either purpose to try to rank them.

tsimionescu 7y ago

But public opprobrium for a presumption of guilt is not a part of the justice system. Also, the prevalence of this problem you are raising is extremely small in reality. The opposite is still much more likely - people who are guilty of various crimes who escape unpunished both by the justice system but also from public scrutiny.

Clubber 7y ago
"University of Michigan law professor Samuel Gross led a team of experts in the law and in statistics that estimated the likely number of unjust convictions. The study, published in Proceedings of the National Academy of Sciences determined that at least 4% of people on death row were and are likely innocent. Gross has no doubt that some innocent people have been executed.[18][19]" https://en.wikipedia.org/wiki/Wrongful_execution https://en.wikipedia.org/wiki/Wrongful_execution It seems small unless you are one of the 4%, that's just direct affect to the individual and their family. The indirect effect to you and me is lawlessness. "It is of more importance to the community that innocence should be protected, than it is, that guilt should be punished; for guilt and crimes are so frequent in this world, that all of them cannot be punished....when innocence itself, is brought to the bar and condemned, especially to die, the subject will exclaim, 'it is immaterial to me whether I behave well or ill, for virtue itself is no security.' And if such a sentiment as this were to take hold in the mind of the subject that would be the end of all security whatsoever" - John Adams, Defending British soldiers charged with murder for their role in the Boston Massacre For the record, I think it's a travesty that people get thrown in jail for petty crimes, or that petty crimes in general have become felonies, sold by politicians who want to appear "tough on crime." I don't think it serves either purpose to try to rank them.