3 ms·

Either the technicalities matter, or our legal system runs on vibes. I think it is important.

ridgeguy 1y ago
Our legal system has always depended on vibes to mitigate technically correct unjust or catastrophic outcomes. It's broadly labelled "prosecutorial discretion", and operates at every level of the justice system. IMHO, it's essential.
- nickff 1y ago
  Prosecutorial discretion hasn’t meant much to me since the Bond got prosecuted for violating a chemical weapons treaty, and Yates got prosecuted for fish-shredding. https://en.m.wikipedia.org/wiki/Bond_v._United_States_(2014) https://en.m.wikipedia.org/wiki/Bond_v._United_States_(2014) https://en.m.wikipedia.org/wiki/Yates_v._United_States_(2015) https://en.m.wikipedia.org/wiki/Yates_v._United_States_(2015...
  - Misdicorl 1y ago
    Sometimes the vibes are wrong, and things go haywire. This is why zero tolerance policies have to be instituted in schools. That doesnt mean the general idea is wrong. Strict adherence to written law will always fail justice. The world is too nuanced and too fractal to handle every edge case well.
    - IIsi50MHz 1y ago
      I seem to recall that zero-tolerance policies caused the expulsion of multiple Boy Scouts who were merely obeying the requirement that they always have a multifunction pocket tool with them (such as a Victorinox knife), and these caused the Scouts to rescind the rule. "Zero tolerance" policies are a generally a tool of the Sith.
  - noelwelsh 1y ago
    Every system fails sometimes. The only interesting question is whether it is systemic or not.
- timewizard 1y ago
  > has always depended on vibes Jury trials do. Administrative trials never have. > It's broadly labelled "prosecutorial discretion", Federal DAs win 98% of their cases. This discretion is not what you think it is. > IMHO, it's essential. Well, unless they're J6 defendants, or any other group labeled by the media as undesirable.
- generalizations 1y ago
  Good vibes, or bad vibes? The technicalities of the law keep both in check. Vibes don't just allow us to "mitigate technically correct unjust...outcomes" - they also let people in power "mitigate technically correct just...outcomes" to achieve their own desired ends.
intermerda 1y ago
I assume you believe it's important that the federal agents should raid every marijuana dispensary in the US and for the DOJ to prosecute dispensary owners and individuals who smoke and participate in weed consumption in each state. Is that correct? After all, technicalities matter.
- the8472 1y ago
  The flip side is unevenly enforced laws, with parts of the government having discretion onto whom they bring down the monopoly on violence.
rsoto2 1y ago
It was once legal to own people so what the fuck do you think it runs on
- ithkuil 1y ago
  Laws != Legal system

Our legal system has always depended on vibes to mitigate technically correct unjust or catastrophic outcomes. It's broadly labelled "prosecutorial discretion", and operates at every level of the justice system. IMHO, it's essential.

nickff 1y ago
Prosecutorial discretion hasn’t meant much to me since the Bond got prosecuted for violating a chemical weapons treaty, and Yates got prosecuted for fish-shredding. https://en.m.wikipedia.org/wiki/Bond_v._United_States_(2014) https://en.m.wikipedia.org/wiki/Bond_v._United_States_(2014) https://en.m.wikipedia.org/wiki/Yates_v._United_States_(2015) https://en.m.wikipedia.org/wiki/Yates_v._United_States_(2015...
- Misdicorl 1y ago
  Sometimes the vibes are wrong, and things go haywire. This is why zero tolerance policies have to be instituted in schools. That doesnt mean the general idea is wrong. Strict adherence to written law will always fail justice. The world is too nuanced and too fractal to handle every edge case well.
  - IIsi50MHz 1y ago
    I seem to recall that zero-tolerance policies caused the expulsion of multiple Boy Scouts who were merely obeying the requirement that they always have a multifunction pocket tool with them (such as a Victorinox knife), and these caused the Scouts to rescind the rule. "Zero tolerance" policies are a generally a tool of the Sith.
- noelwelsh 1y ago
  Every system fails sometimes. The only interesting question is whether it is systemic or not.
timewizard 1y ago
> has always depended on vibes Jury trials do. Administrative trials never have. > It's broadly labelled "prosecutorial discretion", Federal DAs win 98% of their cases. This discretion is not what you think it is. > IMHO, it's essential. Well, unless they're J6 defendants, or any other group labeled by the media as undesirable.
generalizations 1y ago
Good vibes, or bad vibes? The technicalities of the law keep both in check. Vibes don't just allow us to "mitigate technically correct unjust...outcomes" - they also let people in power "mitigate technically correct just...outcomes" to achieve their own desired ends.

intermerda 1y ago

I assume you believe it's important that the federal agents should raid every marijuana dispensary in the US and for the DOJ to prosecute dispensary owners and individuals who smoke and participate in weed consumption in each state. Is that correct? After all, technicalities matter.

the8472 1y ago
The flip side is unevenly enforced laws, with parts of the government having discretion onto whom they bring down the monopoly on violence.

rsoto2 1y ago

It was once legal to own people so what the fuck do you think it runs on

ithkuil 1y ago
Laws != Legal system