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Cleveland.com’s ‘right to be forgotten’ removes names from some crime stories

imediaethics.org

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Re: Cleveland.com’s ‘right to be forgotten’ removes names from some crime stories

#3
this is important in the united states, as the criminal justice system is often used as a blacklist. Once convicted of a DUI or drug possession, this criminal record can be used to bar employment, rescind voting rights, and legally practice housing discrimination.

American criminal justice is often a precursor for lasting biblical retribution. For example, sex offenders are often branded with scarlet letter for life even after having been incarcerated and released, presumably rehabilitated and having paid restitution to society. Criminal records are made public and posted to websites. disclosure is often required by law for prior felons.

Re: Cleveland.com’s ‘right to be forgotten’ removes names from some crime stories

#4
post #3

this is important in the united states, as the criminal justice system is often used as a blacklist. Once convicted of a DUI or drug possession, this criminal record can be used to bar employment, rescind voting rights, and legally practice housing discrimination. American criminal justice is often a precursor for lasting biblical retribution. For example, sex offenders are often branded with scarlet letter for life…

Even more so than the sex offender registry, I think US news reporting is more problematic. I wish the US were more like Germany (I think?) in the regard that they don't identify people by name until conviction. By that time, there's less interest in sensationalizing a story.

Re: Cleveland.com’s ‘right to be forgotten’ removes names from some crime stories

#5
post #3

this is important in the united states, as the criminal justice system is often used as a blacklist. Once convicted of a DUI or drug possession, this criminal record can be used to bar employment, rescind voting rights, and legally practice housing discrimination. American criminal justice is often a precursor for lasting biblical retribution. For example, sex offenders are often branded with scarlet letter for life…

Your criticism is based on a fundamental misunderstanding. The US prison system is not intended to rehabilitate anyone, and does not do so. Usually, criminals are even worse when they are released due to the time they've spent with other hardened criminals, being abused, forming criminal connections, and learning how to do crime more effectively.

As a result, it's perfectly rational to track those people and be wary of them.

The restitution angle is at least an argument, but treating the system as transactional in the sense that you break the balance by committing a crime then pay it back through slave work in jail is perhaps one of the few ways to make the system even more dysfunctional than it already is.

Re: Cleveland.com’s ‘right to be forgotten’ removes names from some crime stories

#7
I’d like to see a codified system where elsctronic docs and records must have timestamps and certain kinds of content must get “forgotten” de-indexed, over time. Midemeanor mentions get de-indexed afer x-years, felonies y-years, murders and the sort, never.

Obviously this would require refinement. That said, someone could resurrect one of these records and reset the clock, but being derivative, the click would have to run much faster. Also it should not be automated (as that would subvert the while idea).

However, in practice this msy be unworkable without draconian enforcement.

Re: Cleveland.com’s ‘right to be forgotten’ removes names from some crime stories

#8
post #4
post #3

this is important in the united states, as the criminal justice system is often used as a blacklist. Once convicted of a DUI or drug possession, this criminal record can be used to bar employment, rescind voting rights, and legally practice housing discrimination. American criminal justice is often a precursor for lasting biblical retribution. For example, sex offenders are often branded with scarlet letter for life…

Even more so than the sex offender registry, I think US news reporting is more problematic. I wish the US were more like Germany (I think?) in the regard that they don't identify people by name until conviction. By that time, there's less interest in sensationalizing a story.

I strongly support this strategy. It'd reduce both witchhunts and copycats.

Re: Cleveland.com’s ‘right to be forgotten’ removes names from some crime stories

#9
post #6

Rehabilitation doesn't always work. I doubt a sexual degenerate can be "cured". It's okay if they stay in prison just to be punished and are taken apart from society. It's okay if they can never be around children.

"The evidence suggests otherwise. Sex crimes researchers R. Karl Hanson and Kelly E. Morton-Bourgon of Public Safety Canada conducted a large-scale meta-analysis (quantitative review) of recidivism rates among adult sex offenders. They found a rate of 14 percent over a period averaging five to six years. Recidivism rates increased over time, reaching 24 percent by 15 years. The figures are clearly out of alignment with the public’s more dire expectations."

https://www.scientificamerican.com/article/misunderstood-cri...

Re: Cleveland.com’s ‘right to be forgotten’ removes names from some crime stories

#10
The ‘right to be forgotten’ is backwards. Much better would be a 'right to remember'. The right to be forgotten is a positive right, in that it requires other people to take action (e.g. delist a story from Google) to fulfill it. A right to remember would be a negative right. Like a freedom of the press doesn't require the government to subsidize a printing press or equivalent, a right to remember would just mean that the state can't compel anyone to delist a story, etc.

Positive rights are more open to abuse, and better serve the centralization of power.

A right to be forgotten cannot be applied without infringing on someone else's right to speak about what must be forgotten, as in the case of forcing Google to delist something. A right to remember only infringes on the very dubious "right" to control someone else's speech and/or memory prosthetics, e.g search engines.

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