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Woman allegedly impersonated prosecutor, dropped charges against herself

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Re: Woman allegedly impersonated prosecutor, dropped charges against herself

#321
post #245

Earlier quoted context omitted.

It may sound a bit barbaric, but the family of the victim might be better off with a chunk of money than with the knowledge that the perpetrator is serving time. (However, if you look at the incentives and deterrence, inflicting inefficient punishment like sending someone to prison for a long time, might still make sense.)

> the family of the victim might be better off with a chunk of money than with the knowledge that the perpetrator is serving time. Justice isn't always about providing benefit to those harmed. It's also about providing a framework in which crime is avoided by all because they know there are repercussions they can't avoid. When the expectation is that you're rich and you can get away with killing someone either throug…

However, do compare wrongful death claims in the US which are handled in a civil suit.

O.J. Simpson famously got off with 'not guilty' in the murder case, but lost the civil suit.

See https://en.wikipedia.org/wiki/Wrongful_death_claim and https://en.wikipedia.org/wiki/O._J._Simpson_murder_case#Civi...

Re: Woman allegedly impersonated prosecutor, dropped charges against herself

#322
post #245

Earlier quoted context omitted.

It may sound a bit barbaric, but the family of the victim might be better off with a chunk of money than with the knowledge that the perpetrator is serving time. (However, if you look at the incentives and deterrence, inflicting inefficient punishment like sending someone to prison for a long time, might still make sense.)

No reason we can't do both.

There's a maximum amount of punishment you want to mete out to convicts. Otherwise everything would carry a penalty worse than death.

So there's a trade-off between handing out more of that punishment in fines to be paid to the victim or in economically inefficient activities like prison time.

As a related matter, I think corporal punishment deserves more consideration. Mostly because it's cheaper to administer than prison, and also avoids forcible socializing convicts only with each other as happens in prison.

(Of course, it's a punishment with a certain cruelty. Alas violence and injury are a common enough sight in overcrowded prisons, too.)

Re: Woman allegedly impersonated prosecutor, dropped charges against herself

#323
post #281

Earlier quoted context omitted.

>To commit a sin with the intention of attempting to obtain forgiveness through reconciliation afterward is itself a mortal sin. Source? If you do it with a mortal sin I can understand it would be a second mortal sin. But it seems harsh to make a venial sin into a mortal sin from this.

The venial sin isn't the problem, you're attempting to deceive God through manipulation. I would think anyway, not a Catholic.

I'm not sure I would call it deceit, God is all-knowing. I would consider it taking God's mercy for granted and treating him like a mechanical forgiveness dispenser.

I'm hesitant to say it's always a mortal sin, because it seems like it can happen in a lighthearted manner. For example if someone struggles with gluttony, that person might think "I know I shouldn't have a 2nd hamburger, but I'm weak and it would taste so good, I'll have it now and go to confession later". That doesn't seem like mortal sin territory to me.

Re: Woman allegedly impersonated prosecutor, dropped charges against herself

#324
post #321

Earlier quoted context omitted.

> the family of the victim might be better off with a chunk of money than with the knowledge that the perpetrator is serving time. Justice isn't always about providing benefit to those harmed. It's also about providing a framework in which crime is avoided by all because they know there are repercussions they can't avoid. When the expectation is that you're rich and you can get away with killing someone either throug…

However, do compare wrongful death claims in the US which are handled in a civil suit. O.J. Simpson famously got off with 'not guilty' in the murder case, but lost the civil suit. See https://en.wikipedia.org/wiki/Wrongful_death_claim and https://en.wikipedia.org/wiki/O._J._Simpson_murder_case#Civi...

Yes, civil suits are brought be individuals, so are less about societal pressure and more about recompense, while criminal cases are brought by the state. I believe there's also a lower bar, and civil court works by "a preponderance of the evidence" as opposed to "beyond a reasonable doubt". The courts serve different purposes.

Re: Woman allegedly impersonated prosecutor, dropped charges against herself

#325
post #321

Earlier quoted context omitted.

However, do compare wrongful death claims in the US which are handled in a civil suit. O.J. Simpson famously got off with 'not guilty' in the murder case, but lost the civil suit. See https://en.wikipedia.org/wiki/Wrongful_death_claim and https://en.wikipedia.org/wiki/O._J._Simpson_murder_case#Civi...

Yes, civil suits are brought be individuals, so are less about societal pressure and more about recompense, while criminal cases are brought by the state. I believe there's also a lower bar, and civil court works by "a preponderance of the evidence" as opposed to "beyond a reasonable doubt". The courts serve different purposes.

> Yes, civil suits are brought be individuals, so are less about societal pressure and more about recompense, while criminal cases are brought by the state.

This is somewhat inaccurate; while it is true that criminal cases can only be brought by the State, civil cases can be brought by the State or private parties.

Re: Woman allegedly impersonated prosecutor, dropped charges against herself

#326

Earlier quoted context omitted.

Yes, civil suits are brought be individuals, so are less about societal pressure and more about recompense, while criminal cases are brought by the state. I believe there's also a lower bar, and civil court works by "a preponderance of the evidence" as opposed to "beyond a reasonable doubt". The courts serve different purposes.

> Yes, civil suits are brought be individuals, so are less about societal pressure and more about recompense, while criminal cases are brought by the state. This is somewhat inaccurate; while it is true that criminal cases can only be brought by the State, civil cases can be brought by the State or private parties.

Oh, good to know, I wasn't aware of that. Thanks! :)

Re: Woman allegedly impersonated prosecutor, dropped charges against herself

#327

Earlier quoted context omitted.

> Yes, civil suits are brought be individuals, so are less about societal pressure and more about recompense, while criminal cases are brought by the state. This is somewhat inaccurate; while it is true that criminal cases can only be brought by the State, civil cases can be brought by the State or private parties.

Oh, good to know, I wasn't aware of that. Thanks! :)

Though as far as I can tell, the state only gets treated like any other private party in a civil suit.

Re: Woman allegedly impersonated prosecutor, dropped charges against herself

#328
post #322

Earlier quoted context omitted.

No reason we can't do both.

There's a maximum amount of punishment you want to mete out to convicts. Otherwise everything would carry a penalty worse than death. So there's a trade-off between handing out more of that punishment in fines to be paid to the victim or in economically inefficient activities like prison time. As a related matter, I think corporal punishment deserves more consideration. Mostly because it's cheaper to administer than…

The person we're discussing is heir to a $20 billion fortune. A fine that would constitute actual punishment to him is in the billions. Which I'm entirely in favor of here, preferably 19.9 billion or higher.

But restitution isn't punishment. Restitution helps reduce harm to the victim, and is a separate issue entirely to punishment.

Re: Woman allegedly impersonated prosecutor, dropped charges against herself

#329
post #278

Earlier quoted context omitted.

The adversarial system used in US courts assumes the other side will discover such frauds and bring them to the attention of the court. I think the frauds that appear to be legal but do not actually involve courts are where more harm is. These are the scams asking people to pay fines or else.

And it does, of course, very frequently. The US Court system's problem is not a matter of discovering such frauds and wrongdoing, and in some fields it's almost impossible to get away with this sort of conduct, but overall, there's little avenues of redress. Civil litigation is obviously the biggest area and the best positioned to both catch and remedy the fraud. Some criminal proceedings have similar robust checks,…

I agree with everything you say here.

At least in the State of WA, I think prosecutors have qualified immunity and can be sued or charged for Brady violations.

I think one of the biggest 'frauds' is the churn in the lower courts. It often seems like judges, clerks, public defenders, and prosecutors are pretending they are doing something helpful or important while the repeat defendants think of the whole situation as a joke.

I get a kick out of seeing judges sternly reprimanding attorneys or defendants for being 10 minutes late to the start of a cattle call hearing while they must know the entire enterprise is meaningless kabuki theater.

Re: Woman allegedly impersonated prosecutor, dropped charges against herself

#330

Earlier quoted context omitted.

This seems similar to the Catholic concept of buying indulgences as a carbon offset type concept against sins. Pay to play

That is a common misunderstanding of canonical Catholic teaching about "indulgentia a culpa et a poena". Keeping the carbon offset analogy, an indulgence in the Catholic sense would be more akin to first making sure you are carbon neutral (all parties are at peace and forgiven/reconciled), then you spend %10 of your salary to go beyond that and offset the carbon credits of the person you wronged.

So common in fact, like language, it becomes a prescriptivism / descriptivism thing ...
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