Live data from Hacker News

A missing underscore sent innocent man to prison for 18 months

arstechnica.com

211–220 of 311 posts

Re: A missing underscore sent innocent man to prison for 18 months

#211

Earlier quoted context omitted.

There should be/does anyone know if there is a name for this? When you truth-check exactly once and then just blindly runaway after that? Edit: Apparently in medicine there exists the concept of "premature closure", where the carer settles on a diagnosis early and stops considering other possibilities. Seems like a decent match?

Tunnel vision, probably

"Tunnel vision" sounds too positive for this context.

Re: A missing underscore sent innocent man to prison for 18 months

#212

Earlier quoted context omitted.

Obsessing about intent here is so gross. A careless psychopath firing a gun into a crowd doesn’t necessarily care if he hits anyone. Despite the lack of intent, most would consider that careless psychopath worse than an individual that commits premeditated homicide for a reason other than “fun”. Intent is irrelevant. The person firing a gun into a crowd knows the consequences of their actions just as well as a lazy j…

The job of the prosecutor is to convict, I don't think it matters whether the person is innocent or not. They have no moral responsibility, if it is most efficient to their career to damn an innocent person the system is designed for the purpose of doing so.

> They have no moral responsibility

They may have no legal responsibility, but they have a moral responsibility. Getting paid to make a bad things is not a excuse.

Re: A missing underscore sent innocent man to prison for 18 months

#213

Earlier quoted context omitted.

It effectively does for the average person person. You think you have a tiny ability to change or influence it, when in fact you do not, at least not while exercising the range of options and risk you find acceptable*. It is not of much different design today than during the Salem Witch Trials, 300 years ago, and sits in the one branch of government with next to zero democratic levers of control. The justice system i…

To extend the metaphor, HN people don't build a house because 'what if there's a flood tomorrow' and end up sleeping in the dirt.

Anyone with means will generally try to put their business, their wealth, and their residence all in separate countries/jurisdictions to ensure their exposure to any particular flood is minimized. Ironically actual career criminals are often the most hedged because they always have dirt on someone higher up so they can horse-trade away charges right at the source before they interact with judge and prosecutor. This is why low level drug users or ignorant drug mules often get hemmed up far worse than their suppliers when caught.

Re: A missing underscore sent innocent man to prison for 18 months

#214
post #155

> Nothing linked Klayme to the girl. No intimate images were found. Klayme did have a Kik account, but cops couldn’t even show that he had accessed the service during the period in question. > Still, Klayme was arrested and hit with three charges: > Luring a person under 14 years of age by means of telecommunication > Providing sexually explicit material to a child > Possession of child pornography > The case went to…

The crusade and strong Western societal taboo/moral panic on this topic clearly massively cloud people’s judgments (e.g. Chat Control in the EU), unfortunately.

I've seen people argue for lowering burdens of proof for particularly heinous crimes and seemingly unaware they're arguing from a position of rage and need for revenge.

Re: A missing underscore sent innocent man to prison for 18 months

#215

Earlier quoted context omitted.

There should be/does anyone know if there is a name for this? When you truth-check exactly once and then just blindly runaway after that? Edit: Apparently in medicine there exists the concept of "premature closure", where the carer settles on a diagnosis early and stops considering other possibilities. Seems like a decent match?

In LLM (AI) terms, we call the same effect as "models are hallucinating".

I did understand that analogy from your first comment, because I have neither been living under a rock for the past few years nor suffered a heavy concussion minutes before making my reply.

That may seem needlessly harshly worded, but I wanted to very bluntly tell you to not expect/treat your fellow commenters like they are pants-on-head stupid.

My intention with GP was finding a good term for this failure to question oneself. That's not even strictly what hallucinations in the context of LLM mean in common discourse, which would be more along the lines of meaning both the (mechanism of) production of the wrong info in the first place, as well as (more implicitly and softly) that propensity to fail to question themselves. You would have understood that, if your model of my ability to understand had been more generous.

Re: A missing underscore sent innocent man to prison for 18 months

#217

> Nothing linked Klayme to the girl. No intimate images were found. Klayme did have a Kik account, but cops couldn’t even show that he had accessed the service during the period in question. > Still, Klayme was arrested and hit with three charges: > Luring a person under 14 years of age by means of telecommunication > Providing sexually explicit material to a child > Possession of child pornography > The case went to…

As a software engineer the legal system scares me. How can we put someone in jail (for the rest of their lives in some cases) based on nebulous rules and personal interpretation/application of the law?

You think criminal law is bad just wait until you hear about civil/administrative enforcement.

We steal people's life work, destroy livelihoods, etc, etc, on far, far far flimsier grounds.

Re: A missing underscore sent innocent man to prison for 18 months

#218

> Nothing linked Klayme to the girl. No intimate images were found. Klayme did have a Kik account, but cops couldn’t even show that he had accessed the service during the period in question. > Still, Klayme was arrested and hit with three charges: > Luring a person under 14 years of age by means of telecommunication > Providing sexually explicit material to a child > Possession of child pornography > The case went to…

A reddit user ( https://www.reddit.com/r/news/comments/1v6ehm6/comment/ozrmz... ) shared this link to the sentencing decision https://canlii.ca/t/k2frf

Some interesting bits I found in it:

> The police also retrieved one voicemail message from CH’s iPhone that was sent to her by “Jay,” with a timestamp of December 13, 2018, at 7:40:54 PM (UTC-6), which was played in court.

So it sounds like they played audio of the actual perpetrator's voice in court, and no one realized it was a completely different person.

> In the final analysis, the key issue in the trial was whether the Crown had established, beyond a reasonable doubt, that Mr. Brandon Klayme was, in fact, “Jay” and that he was the person who had sent her the sexually explicit text messages and had demanded and received sexually explicit photos and videos of CH, who was at the time that those images were exchanged, only 12 years old.

Funny (sad?) that the judge literally says he established this "beyond a reasonable doubt".

> The Court ultimately concluded on the basis of the totality of direct and circumstantial evidence accepted by the Court that the Crown had established, beyond a reasonable doubt, that Mr. Brandon Klayme was, at all material times, the person who identified himself as “Jay” and furthermore that, he was the person with whom CH had been communicating over several weeks in sexually explicit messaging and that he had demanded that CH send sexually explicit photos and videos of her, being a 12-year-old girl, to him. The Crown’s direct and circumstantial evidence included numerous references to the IP addresses and other information for accounts such as Google+, Google, Kik which referred to different usernames, like ““Jay” with their subscriber contact being listed as Mr. Brandon Klayme.

I barely know anything about law, but all of this sounds like "circumstantial" evidence, not direct?

> The Court received a Pre-Sentence Report (PSR) prepared by the Probation Officer on July 21, 2023, which indicated that Mr. Klayme, is now 28 years old, single and continues to live at home at his parent’s house. The PSR notes that Mr. Brandon Klayme has a very close relationship with his parents and siblings, is not currently involved in a relationship and also reported that he has never been in one.

> The PSR notes that Mr. Klayme completed grade 12 in 2013, but he advised the Probation Officer that he did not care about school and often was in trouble for not paying attention in class. He has not continued his education, but in terms of future education goals, Mr. Klayme indicated that, in the future, he would like to take a program in sound engineering. Mr. Klayme is presently unemployed, and his employment experience was with the family business and working with his father after graduating from grade 12. He has been unemployed since the family business was sold over one year ago. As a result, he is financially dependent on his parents.

> Mr. Klayme reported that he has good health and that he had been diagnosed with ADHD as a child but took prescription medication to address those issues. He does not use any intoxicating substances but may have a drink on a few special occasions each year. He described himself as being a “very calm person” and has never attended any form of counselling.

> The Probation Officer noted that, during her interview with Mr. Klayme, he presented as being polite, respectful, and cooperative, but took no responsibility and maintained that he was innocent and repeatedly cited that his “email account had been hacked.”

> With respect to those comments in the PSR, at the conclusion of the sentencing submissions, the Court offered Mr. Klayme the opportunity to make any comments directly to the Court or for that matter, any comments directed towards CH or LS, who had remained on the videoconference throughout the hearing on December 18, 2023. Mr. Klayme stated that he was sorry to hear what had happened to CH and her family, but maintained, as he had stated to the Probation Officer, that they were occasioned by another person and not by him.

So it would seem the defense's claim was "He must have been hacked, since he didnt do any of these things". Which, while wrong (He wasn't hacked, they just mixed up two different accounts), I don't see how they could argue that he wasn't hacked?

Like, if we assume in a different case that a person was indeed hacked, and a third party got access to their "kik" account. Would it not be a very similar situation?

Re: A missing underscore sent innocent man to prison for 18 months

#219

> Nothing linked Klayme to the girl. No intimate images were found. Klayme did have a Kik account, but cops couldn’t even show that he had accessed the service during the period in question. > Still, Klayme was arrested and hit with three charges: > Luring a person under 14 years of age by means of telecommunication > Providing sexually explicit material to a child > Possession of child pornography > The case went to…

Unless the article left something out, the only possible evidence they had was the wrong username. It did. The evidence against him were the messages sent to the girl and the unusual username. It's not like it was John_Smith. It was fairly unique. They couldn't even find evidence that this person used Kik at the time of the crime. The lack of digital evidence is not proof of innocence. It's not proof of anything eith…

> The lack of digital evidence is not proof of innocence.

A claim made without evidence can be dismissed without evidence.

Re: A missing underscore sent innocent man to prison for 18 months

#220
post #78

Earlier quoted context omitted.

"he likely didn't have any experts to refute the prosecution's evidence." What evidence? They didn't have any other than a user name. An arm chair lawyer who watched too many shows could have created reasonable doubt.

But in a trial room, that evidence was 100% there: > Prosecution: Mister Klayme, the criminal messages were sent from a Kik username called "fus ro dah". What's your Kik username? > Klayme: It's "fus ro dah". > Prosecution: It logically follows that Mister Klayme was the sender, and is therefore guilty of the offense.

And the reasonable doubt would come from someone else could have used my account, does the service's account ID match the account ID for my user name, nothing was found on my devices, did the IPs match my known IPs, when did the access take place vs where was I, etc.
Post reply on HN