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In 1984, a commission found that federal sentencing was too arbitrary (making us a "nation of men" rather than a "nation of laws") and so mandatory federal sent
by jforman 14y ago
In 1984, a commission found that federal sentencing was too arbitrary (making us a "nation of men" rather than a "nation of laws") and so mandatory federal sentencing guidelines were enacted by Congress (the supreme court later made them not-quite-mandatory, but the restriction on judges is still pretty great).
However, judicial discretion was an important check against prosecutorial zeal, and the unintended consequence of reducing arbitrariness at the judicial level has been an increase in control at the prosecutorial level. Systemically, prosecutors are incentivized to put people away, as their careers aren't shielded like those of judges. We may be more a "nation of laws" than before 1984, but combined with punishments most people would consider unjust we've drifted toward being a police state.
In my opinion, if there's one thing to take away from this terrible tragedy, it's that we need a commission to study this systemic effect and recommend ways to make the justice system more just. I can't make myself blame the prosecutors involved when most federal prosecutors are similarly heavy-handed (and, quite possibly, were acting within a reasonable interpretation of the the law).
- danenania 14y ago"I can't make myself blame the prosecutors involved when most federal prosecutors are similarly heavy-handed (and, quite possibly, were acting within a reasonable interpretation of the the law)." A person who works to enforce immoral laws or immoral sentences is an immoral person and should be treated as such. We need direct accountability at every level, otherwise the buck is passed around in a circle indefinitely.
- willyt 14y agoTo reinforce your point, following the herd is not an excuse. To take the most extreme example of this. The Germans have a word, Schreibtischtäter, which roughly means 'desk based murderer'. It was coined during the period when former NAZI officials were being tried for their part in the holocaust. As I understand it, it was used not only for people who literally signed death warrants, but also for people who did things like arranging the logistics of transporting people to the death camps. The relevance of this being that the wide scale systematic nature of the atrocity could only work if all these secondary people were complicit in it. The wide scale systematic corruption of justice that is plea bargaining only happens because most prosecutors are complicit. While it is not genocide, it is, in effect, denying a lot of people the right to a fair trial, which is one of the founding principals of any modern society.
- rdtsc 14y ago> I can't make myself blame the prosecutors involved when most federal prosecutors are similarly heavy-handed I can. Just because there are 1000 bullies doesn't make each one of them less of a bully. The system has its constraints but it is still up some human to pick cases from the pile and decide if and how many charges to press. Now it seems the country is a in a pretty good state if there are no harsher and more terrible criminals left to prosecute than a 25 year old downloading scientific articles, which even the original victim claims have been retrieved and there is no need to do anything. Whoever authorized the prosecution of that case and spent tax money on it, and everyone else in between who _didn't_ say "Wait a minute, this is crazy, surely there are some cases to spend the money on" is responsible.
- BrokenPipe 14y agoI agree with you. I have no better way of writing it. This is not just about Aaron's persecutor but all persecutors behaving in this manner and I'm hoping she will be the first of many being taken out of office for good.
- MaysonL 14y agoThe trouble is, many, possibly most, people are prone to be bullies under the wrong circumstances. See the Stanford prison experiment, and Stanley Milgram's torture experiment. When the entire system of incentives for prosecutors rewards bullying, extortion, and intimidation, and punishes leniency or compassion, we shouldn't be surprised by the results.
- SworDsy 14y agoI agree with the sentiment. However, I would certainly expect this to be politicized even though that's something I don't approve of.