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Although the incentives are a bit different when it comes to law enforcement, as in the US it's quite common for those who hold all of the discretionary authori
by jimz 6y ago
Although the incentives are a bit different when it comes to law enforcement, as in the US it's quite common for those who hold all of the discretionary authority in invoking the criminal justice system - prosecutors and sheriffs and Attorneys General - to be elected positions, and at the same time, the continued existence of their bailiwick in the same size and with the same funding requires a show of at least some evident criminal behavior that they're preventing, whether that actually corresponds to actual crimes or not is sometimes entirely incidental. Innocence Projects around the country have found a significant percentage of those freed by their efforts to not only have not committed a crime, but also no crime had taken place in the first place. Coercive plea bargaining makes actually going to trial to hold the state to its burden of proof an exceedingly rare practice. On some level it is a performative exchange and has always been. Criminal statutes are also written in ways that don't necessarily fit what we generally imagine a word means. A burglary in many states simply mean the commission of a felony while trespassing. A conspiracy requires usually no more than two participants, a meeting of minds, and a substantial step in preparation. Accidents in industrial sites are, in comparison, far more objective and far harder to game for various interests. Crime, on the other hand, really represents much more abstract sets of guidelines applied to alleged conduct and state of mind, and much easier to game in terms of numbers.