4 ms·

While I agree that detectives and judges should absolutely face charges that could lead to imprisonment (not just fines and not just termination!) if their inco

While I agree that detectives and judges should absolutely face charges that could lead to imprisonment (not just fines and not just termination!) if their incompetence or malice results in someone being wrongfully jailed, I worry that it could have unintended consequences: with such a policy, judges would likely help other judges stay out of prison by lying or what have you, and this would make victims look more guilty. I don't know what to do about it, though.

usefulcat 4y ago
Unfortunately it would also make it insanely expensive to hire judges and lawyers. How much would someone have to pay you to take a job where you could go to prison if you make a mistake? I’m not saying it wasn’t straight up negligence in this case, but that’s definitely how prospective candidates will think about it (I know I would).
- heretogetout 4y ago
  Engineers can and do go to prison for mistakes, so at least there is precedent for paying reasonable-if-high salaries. I would expect folks interested in public service and justice would be intrinsically motivated to do a good job, too.
  - usefulcat 4y ago
    I'd be genuinely interested in reading about an example of that. Do you know of a particular incident that I could search for?
    - eftychis 4y ago
      Example/exempli gratia: https://www.justice.gov/usao-ndca/pr/two-foreign-shipping-companies-and-first-assistant-engineer-charged-offenses-related https://www.justice.gov/usao-ndca/pr/two-foreign-shipping-co... A lot of us took an engineer oath upon graduation and there is a fiduciary relationship formed with the public in certain contexts -- outside the U.S. There are professional ethics regardless. In the U.S. with the lack of regulation the topic is a bit hit or miss https://www.natlawreview.com/article/court-holds-engineer-does-not-owe-fiduciary-duties-to-non-client https://www.natlawreview.com/article/court-holds-engineer-do... vs e.g. some states which regulate the/any engineering profession.

usefulcat 4y ago

Unfortunately it would also make it insanely expensive to hire judges and lawyers. How much would someone have to pay you to take a job where you could go to prison if you make a mistake? I’m not saying it wasn’t straight up negligence in this case, but that’s definitely how prospective candidates will think about it (I know I would).

heretogetout 4y ago
Engineers can and do go to prison for mistakes, so at least there is precedent for paying reasonable-if-high salaries. I would expect folks interested in public service and justice would be intrinsically motivated to do a good job, too.
- usefulcat 4y ago
  I'd be genuinely interested in reading about an example of that. Do you know of a particular incident that I could search for?
  - eftychis 4y ago
    Example/exempli gratia: https://www.justice.gov/usao-ndca/pr/two-foreign-shipping-companies-and-first-assistant-engineer-charged-offenses-related https://www.justice.gov/usao-ndca/pr/two-foreign-shipping-co... A lot of us took an engineer oath upon graduation and there is a fiduciary relationship formed with the public in certain contexts -- outside the U.S. There are professional ethics regardless. In the U.S. with the lack of regulation the topic is a bit hit or miss https://www.natlawreview.com/article/court-holds-engineer-does-not-owe-fiduciary-duties-to-non-client https://www.natlawreview.com/article/court-holds-engineer-do... vs e.g. some states which regulate the/any engineering profession.