19 ms·
In theory, there are two penalties that already exist: The state not getting a conviction because the defense excludes the evidence based on the Daubert standar
by msla 4y ago
In theory, there are two penalties that already exist: The state not getting a conviction because the defense excludes the evidence based on the Daubert standard, or, if that craps out, the defense planting a reasonable doubt in the minds of the jury by pointing out that the prosecution's case is built on nothing.
https://www.law.cornell.edu/wex/daubert_standard https://www.law.cornell.edu/wex/daubert_standard
> Under the Daubert standard, the factors that may be considered in determining whether the methodology is valid are: (1) whether the theory or technique in question can be and has been tested; (2) whether it has been subjected to peer review and publication; (3) its known or potential error rate; (4)the existence and maintenance of standards controlling its operation; and (5) whether it has attracted widespread acceptance within a relevant scientific community.
- tonmoy 4y agoThat’s not a penalty though, if the case gets thrown out it’s just non-reward.
- vorpalhex 4y agoIf you spend several work weeks on a project and I take it out back and burn it down, we would all describe that as me doing harm to you.
- mcbits 4y agoIf you pay me to work on a project, you can burn it for all I care as long as the check clears.
- yamtaddle 4y agoHell, that describes like 95% of my career.
- torstenvl 4y agoAnd if I pay you significantly less than your peers, on the theory that the work is a personal calling? https://michiganprosecutor.org/careers/current-positions/858-assistant-prosecuting-attorney-kalamazoo-county-7 https://michiganprosecutor.org/careers/current-positions/858... https://www.bcgsearch.com/bestlawfirms/KrjDr/Miller-Canfield-Paddock-and-Stone-P-L-C/salary-benefits https://www.bcgsearch.com/bestlawfirms/KrjDr/Miller-Canfield...
- mcbits 4y agoThen I should be subject to increased oversight and scrutiny in case I start taking kickbacks to make up the difference or botch jobs out of spite.
- torstenvl 4y agoOne of the things I like about HN is the exposure to people with worldviews that are fundamentally incompatible with mine. It's a refreshing anti-bubble. I'm a lawyer who paid off some debt at a large firm straight out of law school, before going into government service. More than a decade later, I still don't make as much as I did when I was 24. I find it exceedingly difficult to imagine anyone making the same move if they were so motivated by money that they'd be susceptible to kickbacks.
- msla 4y agoI think the bar for prosecutorial misconduct is higher than that, but maybe it should include trying to present bad science.
- deleted 4y ago[deleted]