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It'd be great if the government more regularly caught, prosecuted, and convicted people at this level of criminality. Otherwise the entire society collapses und
by titzer 5y ago
It'd be great if the government more regularly caught, prosecuted, and convicted people at this level of criminality. Otherwise the entire society collapses under the weight of abject corruption, because prosecution is a selective enforcement tool used at the whim of corrupt politicians, rather than an automatic mechanism that operates independently.
- pydry 5y agoHe was prosecuted because his ego meant he alienated the fuck out of everybody, including what should have been his allies. If he'd been just a bit less outspoken theyd probably have left him alone.
- rchaud 5y agoThere is no automatic mechanism that operates independently. The prosecution, defense and judiciary are not GPT-3 robots that can mine through centuries of case law in 2 seconds to achieve a perfectly balanced decision. If you want regular prosecution of white-collar crimes, you may want to support better funding for these agencies, so they can actually put resources behind investigating and trying cases where criminality occurs.
- BitwiseFool 5y ago>"you may want to support better funding for these agencies, so they can actually put resources behind investigating and trying cases where criminality occurs. " I don't think people realize just how much of law and regulatory enforcement is dependent on "who knows who" in the white collar world. A lot of investigations are discretionary and it is surprisingly easy for prosecutors to simply not address something. Would more funding help? I'm sure it would have some impact. But if Martin Shkreli was a big time political donor I suspect things would have turned out differently.
- ketzo 5y ago> automatic mechanism that operates independently Yes, but I think this is more metaphorical than literal. Of course there aren't literal automatic robots doing the work of rooting out corruption; it's a goal. I would argue that a high-functioning justice system should appear as close to automatic as possible, in order to most effectively create a sense of "if I do wrong, I know that I will be punished" rather than "if I do wrong, I need to figure out how to get around the law."
- rchaud 5y agoShould or would aside, it's not an automatic system. Even if it were, the trials themselves would be adjudicated by federal district court judges, who are political appointees. If you've ever watched a Senate judiciary hearing, the questions posed to the candidate are often ideological in nature rather than legal. I probably seem pedantic, but I think it's important to reiterate the scale of human involvement and imperfection underpinning the entire system in which we exist. The solution to that is not "take the humans out of it", but to iterate that system with incremental improvements and fund it to the level commensurate with its importance to our society.
- titzer 5y ago> If you've ever watched a Senate judiciary hearing, the questions posed to the candidate are often ideological in nature rather than legal. It hasn't always been this way [1]. There have been controversial candidates at times throughout history, but most candidates got supermajority votes. In modern times, things are incredibly, abnormally polarized. [1] https://www.senate.gov/legislative/nominations/SupremeCourtNominations1789present.htm https://www.senate.gov/legislative/nominations/SupremeCourtN...
- sixothree 5y agoI have a strange opinion that it should be a lot easier to send people to jail and that more people should spend time in jail for real crimes. Ex. First time DWI - straight to jail. None of this "I'm rich and important" or "it's only my first time". But also that jail time should be short and absolutely not destroy lives. This whole "lottery" thing that jail has become is completely absurd. One person who does zero jail time for a crime while another person has their life destroyed for the same crime. If we start apply punishment equally without any question then maybe we can get some laws changed.
- ascorbic 5y agoHow about sending fewer people to jail instead, like every other country in the world?