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I'd say oversight and bail/bond issues are ultimately part of the poor incentives created by blanket sovereign immunity. If it were to cost $1k/day [0] to keep
by mindslight 4y ago
I'd say oversight and bail/bond issues are ultimately part of the poor incentives created by blanket sovereign immunity. If it were to cost $1k/day [0] to keep someone in jail awaiting trial, then those running the system have an actual tradeoff to make. Same thing if states have to start reimbursing the costs of bail bondsmen for those found innocent.
I'm not arguing against considering the qualitative issues on their own. I just think attempts to address them directly without addressing the underlying poor incentives are somewhat doomed. Additionally, plea bargains have to be massively reformed for the incentives to be significant.
Arrest records are an orthogonal topic squarely in the realm of commercial surveillance / data protection, which the US is sorely lacking. We need less narrow-scoped red tape like HIPAA and more general right to control all records about us ala GDPR.
[0] direct incremental costs paid out in cash if they're acquitted, as opposed to the large fixed costs of staffing the jail which come out of someone else's budget.