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The State of Indiana Has a Pregnancy Tracking App

nataliaantonova.substack.com

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Re: The State of Indiana Has a Pregnancy Tracking App

#3

Post by Rebelgecko »

The author seems to be making a big leap: assuming that when someone is accused of a crime, it's the responsibility of the accused to prove that a crime didn't actually happen.

Is that actually the case? My possibly-very-flawed layman's view of the legal system is that it's on the prosecutor to prove that you did something wrong. So if you just say "oh I played around with the app and gave it random input" or "I had a miscarriage", then the onus is on the government to explain why that isn't the case.

Re: The State of Indiana Has a Pregnancy Tracking App

#4

Post by kadoban »

Rebelgecko wrote: post #3

The author seems to be making a big leap: assuming that when someone is accused of a crime, it's the responsibility of the accused to prove that a crime didn't actually happen. Is that actually the case? My possibly-very-flawed layman's view of the legal system is that it's on the prosecutor to prove that you did something wrong. So if you just say "oh I played around with the app and gave it random input" or "I had…

> My possibly-very-flawed layman's view of the legal system is that it's on the prosecutor to prove that you did something wrong.

It is, but practically there's some big issues with that. Including:

The police can investigate, including in ways that are going to be very uncomfortable, costly and annoying for you. This app will definitely be used as evidence.

Some of the anti-abortion laws are being written as allowing people to sue you. That shifts the burden of proof away from "beyond a reasonable doubt" to something much easier.

If you do get charged with a crime _many_ people take plea bargains for good game-theoretic reasons. You can tell yourself that you'd definitely fight it until the end, but often that'd be idiotic, and traumatic if you really did.

These kinds of things tend to get used disproportionally against the poor and the marginalized.

Re: The State of Indiana Has a Pregnancy Tracking App

#5

Post by LatteLazy »

Rebelgecko wrote: post #3

The author seems to be making a big leap: assuming that when someone is accused of a crime, it's the responsibility of the accused to prove that a crime didn't actually happen. Is that actually the case? My possibly-very-flawed layman's view of the legal system is that it's on the prosecutor to prove that you did something wrong. So if you just say "oh I played around with the app and gave it random input" or "I had…

Bear in mind:

If you can reasonably prove it wasn't you, you can likely go home within a day or two.

If you can't, you get to personally spend a fortune on a lawyer and wait in jail and attend court for 6months to ultimately be vindicated but bankrupt and unemployed...

Re: The State of Indiana Has a Pregnancy Tracking App

#6

Post by QuadmasterXLII »

Rebelgecko wrote: post #3

The author seems to be making a big leap: assuming that when someone is accused of a crime, it's the responsibility of the accused to prove that a crime didn't actually happen. Is that actually the case? My possibly-very-flawed layman's view of the legal system is that it's on the prosecutor to prove that you did something wrong. So if you just say "oh I played around with the app and gave it random input" or "I had…

You are right about the law, but the police are not obligated to know the law.

Re: The State of Indiana Has a Pregnancy Tracking App

#10

Post by gambiting »

midislack wrote: post #9

Quoted post unavailable.

You lack the foresight or the awareness of how this pans out in some cases in other countries, and there is no reason to believe this wouldn't happen here - miscarriages happen(very often in fact!) and people have been accused of terminating their pregnancy and put in prison when in fact it could have just been a regular miscarriage. The risk you put yourself under from the judicial system(which is rewarded for prosecutions) is unacceptable, no matter what your views on abortion are.
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