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One can understand why the legal system would be initially reticent to rule that conflicting truths can't exist in separate cases. New facts emerge, different t
by SuperNinKenDo 3y ago
One can understand why the legal system would be initially reticent to rule that conflicting truths can't exist in separate cases. New facts emerge, different teams may come to different conclusions, etc. You don't necessarily want a situation where one single incongruity between different prosecutions leads to mistrial or overturning verdicts. But, unfortunately, and entirely forrseeably, this allowance becomes totally abused. As the article says, stuff like this becomes a matter of gamesmanship, in which abuse of the system is almost seen as a sign of one's cleverness as a prosecutor.
The more I learn about the way specifically criminal law often operates, the more disturbing it is. If people knew half of what I've learned just through relatively casual reading, they would understand just how fragile their place as an upstanding citizen is in society, have a lot more sympathy for those caught up in the criminal justice system, and be far less wont to advocate the kind of treatment people meet in that system.
- MetaMonk 3y agoWe're all basically at the mercy of chance and the human default of iatrogenic solutioning.
- mateo1 3y agoThis sort of pathology is not present on all court systems. In many countries the prosecutor is not judged on "performance" metrics like conviction rate but on merit as judged by his senior peers. Objectively the job of the prosecutor is not to convict the maximum number of people but rather to establish the truth and help the judge impose proportional sentences based on facts. It's not a foolproof system but it seems to work much better than ones with "objective" criteria
- hcfman 3y agoDo tell. Which sort of country is The Netherlands ? https://www.telegraaf.nl/nieuws/1039807/liegende-officieren-zaak-joep-j-vrijuit https://www.telegraaf.nl/nieuws/1039807/liegende-officieren-... https://www.nrc.nl/nieuws/2013/10/11/om-niet-ontvankelijk-in-fraudezaak-na-liegen-en-bedreigen-a1430794 https://www.nrc.nl/nieuws/2013/10/11/om-niet-ontvankelijk-in... The prosecutor who lied in the articles above was subsequently promoted to the head of the RIEC. An agency that co-ordinates all organised crime organisations investigations. Then later, he became the prosecutor for my stalking case in which he was just pretending to prosecutor my harasser because he was his asset. https://m.limburger.nl/cnt/dmf20180522_00062344 https://m.limburger.nl/cnt/dmf20180522_00062344 Surely not you say. Then why as you can read in the article above did he only ask for two months provisional community service for 10 years of stalking? A crime with a three year jail sentence.
- hcfman 3y agoOh and then he retired. Along with 6 other prosecutors ? Could it be like rats leaving a ship they thought was about to sink ? https://www.1limburg.nl/nieuws/1357826/leegloop-bij-justitie-zeven-officieren-vertrekken https://www.1limburg.nl/nieuws/1357826/leegloop-bij-justitie... The following year the head prosecutor tried to leave as well, but they made him stay where he was.