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Comment Re:Real forensics *science* (Score 1) 183

Yep. The point is that "bad forensics" isn't the problem. The problem is that prosecutors (along with the rest of the criminal justice system) have no incentive to actually solve crimes - they have an incentive to put someone in jail for a crime. Bad forensics goes away on its own if we disincentivize locking up the wrong guy. Put another way - when the prosecutor has a little skin in the game he'll make damned sure he's prosecuting the criminal before he bothers to prosecute.

There was a great quora question about prosecution and a guy who prosecuted someone in a rather dubious manner responded with a well-written piece. Long story short the criminal had taken an airsoft gun into an arcade, cops were called, arrested him, and the prosecutor tried to prosecute under a law that had to do with carrying a deadly weapon there. But it wasn't a deadly weapon and there were no victims (he hadn't tried to rob or shoot anybody), so the statute clearly didn't apply. The prosecutor talked as if it were no big deal to try to apply that law to put the guy in prison. Ultimately the judge didn't buy it and the guy walked, but he had to shell out for an attorney, time off work, time in jail - it's a big deal for him.

It was fascinating to see how flippantly the prosecutor treated it - like, "oh well, didn't work, whatever".

Comment Re:Real forensics *science* (Score 2) 183

One other thing that I forgot is the biggy - if people are found to be factually innocent then the DA's office needs to be forced to pay for their defense. Yes - specifically the DA's office. And it wouldn't matter what the defense cost. If that means the DA is bankrupted then so be it. The point, again, is to make it expensive to prosecute some poor guy because he can't afford a lawyer. If he can prove innocence then a good lawyer would take the case on so he could later just make the government pay for it, anyway. Suddenly, poor people who are innocent have less to worry about.

Comment Re:Real forensics *science* (Score 1) 183

The main answer to this is multi-faceted:

1. Removed absolute immunity from civil and criminal liability from all players in the criminal justice system. Yes, that means you can sue the judge who screwed up your trial. Suddenly a lot of people who are judges now will find another line of work as the liability isn't worth it for them.

2. Hone qualified immunity back to such a tiny nub that nobody sees it as a reliable fallback. Right now, if a police officer arrests you for, say, photographing them (yes, this happens often) the judge will look and say "well, it's not well established that someone can photograph a cop, so the arrest is still legal because the cop might have no known. Hence, he gets qualified immunity" This needs to be turned on its head. The judge needs to say "it's not well-established that someone can be arrested for photographing a cop, so the arrest is illegal and qualified immunity therefore cannot apply". See the difference? Again, cops would think twice before doing something.

3. Statutorily define that when an actor in the justice system does something wrong that he/she personally is responsible for a certain percentage of any settlements or judgements with such debt being ineligible to be lessened or removed through bankruptcy.

4. Remove the statute of limitations for any crimes committed by any actor in the justice system. Right now, innocent people who have been in prison for years can't sue people who harmed them because of the statute of limitations which typically runs out during their sentence. See John Burge in Chicago for a prime example, or Louis Scarcella in New York. Malicious prosecutors love the whole statute of limitations because they get to play both sides: "Hey, we want to prosecute this criminal but, darn the luck, looks like it's too late".

5. Force actual scientific method on all forensic methodologies. If a drug dog alerts on a car, for instance, that car should be parked in a lot and a different officer should take a dog around the lot and see if the dog alerts on any of the cars. If the second officer can't figure out which car it is, then the alert was false and excluded. Take that to every kind of forensic test out there.

6. Forensics should have nothing to do with the prosecution and independent (not state owned) crime labs should work for the court itself. The idea is to remove all incentives to "find a match". Crime labs should have no idea about what crime a particular piece of evidence is from or anything like that.

7. If somebody is found to be factually innocent then everybody involved in the case who didn't initially object to that person's prosecution should be removed from the criminal justice system. I know that's harsh, but prosecutors need to be in a position where they say "I don't know if this guy did it or not so, for the sake of my family, house, car, etc. I'm going to decline prosecution".

8. Prosecution's files should be not just "open" but literally unhidable from the defense. Any evidence that shows up later should be an automatic felony charge for the DA with harsh minimum sentences.

The point is that we need to treat a false prosecution with the same seriousness as we treat a kidnapping, because that's what it is. Mike Nifong should not only be in a maximum security prison for the rest of his life, his possessions should have been sold and all proceeds given to his victims (the ones we know of). All his past cases should have been scrutinized with perhaps time given off his sentence if he confessed and helped bring true justice in those cases.

And he's just one guy.

Comment Re:What are they doing to that truck!?! (Score 1) 129

You could toss in the tranny (although it should be holding up for much more than a single year of stop and go). But even if they're only getting 1 year out of a tranny, and they drop $5k for a new tranny installed each year, that's still only 10 cents a mile.

Have you checked backpage or craigslist recently? I think you could get a better deal on a tranny if you looked around a bit.

Comment Re:Eh commenting to cancel my "interesting" mod... (Score 1) 126

...since I thought you were serious, but then I did read TFA which makes no mention (and apparently Morgan Fairchild is not even married right now and her real name seems to be the much less glamorous "Patsy Ann McClenny").

Dude:

http://en.wikipedia.org/wiki/R...

Comment Re:Double Jeopardy! (Score 1) 227

ATT is acting like a monopoly that needs to be broken up by the courts.

What is "Double Jeopardy!"?

I thought AT&T was already broken up three decades ago for monopoly abuse.

They were, this is not the same AT&T. It basically died and Southwestern Bell bought the name. You can find more about it here:

http://www.teletruth.org/Histo...

Comment Re:Outdated... (Score 1) 677

"GOTO" existed before subroutines and functions were added, and it was back in the days of line numbers. This was the point where the main menu part of a program had to jump over to the appropriate part of the program, now we just call the appropriate routine.

But more than that, GOTO is how processors work at the lowest level. All of those fancy blocks in a modern language get turned into "jumps" and such at the lowest levels when compiled. The first computer languages - such as fortran - were a pretty thin veneer over assembly, anyway, so gotos made sense.

Comment Re:Consequences: Redefine and Enforce Law and Poli (Score 2) 44

Consequences to a government agency are not and should not be the same as they are for an individual... When a great wrong has been done by an individual, punishment is arguably useful and usually satisfying from other individuals perspective, but retribution for an organisation (esp government) it's not very useful to anyone.

It depends. Many of us have argued for an official corporate "death penalty", and the government here (US) actually does shut down businesses sometimes and courts often order the people who set up scam businesses to never engage in that sort of business again. Ultimately action needs to be taken against individuals, though.

Also the legality of this ruling should not determine punishment or justification, it should determine change. If the ruling was "lawful", then clearly the laws involved are not comprehensive enough or are poorly defined.

Whatever the ruling, it's clear that the GCHQ overreached. Inadequate oversight, bad policy and fallible laws could be the cause. The ruling and findings along the way can provide insight into how much of each is to blame.

Which is why - in the case of governmental misconduct - *individuals* need to be held accountable, including hard time in prison. That way, next time a higher up at [spy agency] tells his minions to [break the law], the minions get to say "Hey, Jim did that shit last year and he and his boss are locked up in a maximum security prison for the next 10 years. I'll pass and I'll also be turning you over for prosecution."

Not to invoke Godwin, but following your logic we should have handed out a bunch of harsh rebukes at Nuremberg.

Comment Re:Guy allegedly does something stupid (Score 1) 327

There a dozens of examples of innocents losing their lives at http://www.cato.org/raidmap

Don't like libertarian nutters, then how about some left wingers with basically the same story (and a book to sell of course): http://www.huffingtonpost.com/...

That's from Radley Balko, a pretty well-known libertarian journalist. He's at the Washington Post now.

Comment It's funny reading this stuff (Score 3, Insightful) 44

I mean, in a sardonic way. They go to such great lengths to say "IT'S ILLEGAL!!!" and "THEY CAN'T DO THAT". They dance around, yell about all this, and they're doing that so that you won't notice something conspicuous in its absence: consequences.

Imagine if you robbed a liquor store and went to court and the judge yelled about how it's illegal to rob liquor stores, you should have known that, yes, you, liquor store robber! You law breaker! Scoundrel! You're terrible, I can't believe you robbed the liquor store. Okay, you can leave now, just don't rob any more liquor stores because it's illegal to do that!

It's ludicrous, really. We need to understand that these issues are far more serious than people knocking off liquor stores and it's time we started treating it as such. Real consequences for those who broke the law - and I don't mean the minimum security marriott.

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