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anomalyuk's profile
anomalyuk
anomalyuk
anomalyuk
@anomalyuk

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anomalyuk

@anomalyuk

Neoreactionary. Techno-traditionalist. Breeder.

Southeast England
blog.anomalyuk.party
Joined January 2009

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    1. Outsideness‏ @Outsideness May 29
      Replying to @anomalyuk

      The equivalence is based on the common (and unsustainable) assumption that there is such a thing as an untampered population. It's some kind of Garden of Eden fantasy.

      2 replies 0 retweets 11 likes
    2. anomalyuk‏ @anomalyuk May 29
      Replying to @Outsideness

      So your whole position here is just an objection to the concept of a jury? I'm sorry, I didn't understand that. You can have judge trials, jury trials or mob trials. I would have said the third was the worst of the three.

      1 reply 0 retweets 1 like
    3. Outsideness‏ @Outsideness May 29
      Replying to @anomalyuk

      Jury trials are probably as doomed as democracy, and for the same reasons. Their demographic precondition has been obliterated. ...

      4 replies 1 retweet 19 likes
    4. Outsideness‏ @Outsideness May 29
      Replying to @Outsideness @anomalyuk

      ... Some David Friedman-type private arbitration solution fits impending realities better.

      2 replies 0 retweets 9 likes
    5. Cult‏ @cultofunreason May 30
      Replying to @Outsideness @anomalyuk

      criminal or civil? the latter is already trending in that direction, but as to the former, i disagree.

      1 reply 0 retweets 1 like
    6. Cult‏ @cultofunreason May 30
      Replying to @anomalyuk @Outsideness

      What reforms would you like to see? At least in the U.S., it's hard to see what's "unlawful" about charging someone with a thousand crimes and persuading them to plea-bargain.

      2 replies 0 retweets 0 likes
    7. anomalyuk‏ @anomalyuk May 30
      Replying to @cultofunreason @Outsideness

      It has to be faster and cheaper by about an order of magnitude. You should be able to try someone for a crime the day after you arrest them. The system is so loaded down with safeguards it can't operate.

      2 replies 0 retweets 2 likes
    8. Cult‏ @cultofunreason May 31
      Replying to @anomalyuk @Outsideness

      okay, but what does this look like in practice?

      1 reply 0 retweets 0 likes
      anomalyuk‏ @anomalyuk May 31
      Replying to @cultofunreason @Outsideness

      Probably a lot more like the courts before the 1960s. A lot more discretion for judges, a lot less mandatory procedures that have to be followed. My mother's job (back in the 1980s) was pre-sentencing social enquiry reports.

      4:35 AM - 31 May 2018
      • 2 Likes
      • inhumane kantian Outsideness
      2 replies 0 retweets 2 likes
        1. New conversation
        2. anomalyuk‏ @anomalyuk May 31
          Replying to @anomalyuk @cultofunreason @Outsideness

          She'd visit the defendant's home and write up a description of the effects that a sentence would have, and suggest "community sentences" that the judge could apply. I'm not saying that's entirely pointless, but something has to give, and it's stuff like that.

          1 reply 0 retweets 0 likes
        3. 𐐑𐑄𐐰𐑀𐑌𐐪𐑉 𐐡𐐰𐐼𐑀𐐰𐑊𐑁‏ @pthagnar May 31
          Replying to @anomalyuk @cultofunreason @Outsideness

          those are indeed giving. very often now the probation officer has to give a verbal Pre-Sentence Report (as they are called now) when the beaks hear the case, and even the written up ones (usually for more, uh, cerebral crimes such as child abuse) are very concise

          0 replies 0 retweets 1 like
        4. End of conversation
        1. New conversation
        2. Cult‏ @cultofunreason May 31
          Replying to @anomalyuk @Outsideness

          I agree that there are too many formalities which judges are forced to observe. That said, the huge costs associated with trials have given rise to our plea-bargain regime, which I imagine is more efficient than any sort of trial, no matter how efficient.

          2 replies 0 retweets 1 like
        3. anomalyuk‏ @anomalyuk May 31
          Replying to @cultofunreason @Outsideness

          We don't have plea-bargaining to the same extent in Britain. It seems like it has the tendency to become more unjust over time as prosecutors learn to manipulate it. The safeguards that have been added to trials are counterproductive if that's the outcome.

          2 replies 0 retweets 3 likes
        4. Cult‏ @cultofunreason May 31
          Replying to @anomalyuk @Outsideness

          Admitting guilt over 'disturbing the peace' seems like a small price to pay to avoid a hate speech conviction. Anyways, 'efficient justice' is having your cake and eating it too. Plea-bargaining strikes as good a balance as anything.

          1 reply 0 retweets 0 likes
        5. anomalyuk‏ @anomalyuk May 31
          Replying to @cultofunreason @Outsideness

          There's a tradeoff in principle between justice and efficiency. My position is that the system is so inefficient that injustices appear as a result. Plea-bargaining would be an example of that. Long times spent on remand are another.

          1 reply 0 retweets 2 likes
        6. Cult‏ @cultofunreason May 31
          Replying to @anomalyuk @Outsideness

          plea-bargaining is a response to a felt necessity. i'm losing the plot here, but my main point was that, in the criminal context, the judicial system is doing about as good as it can. i think the problems are, generally speaking, legislative in nature.

          1 reply 0 retweets 0 likes
        7. Cult‏ @cultofunreason May 31
          Replying to @cultofunreason @anomalyuk @Outsideness

          as for the demographic-precondition issue, I'd rather have the chance to plea-bargain (because of high trial costs) than go up before an arbiter. Hell, I'd rather try my luck with unfriendly jurors than an unfriendly inquisitor.

          1 reply 0 retweets 0 likes
        8. anomalyuk‏ @anomalyuk May 31
          Replying to @cultofunreason @Outsideness

          Juries are a good idea if the people you live among are like you and have the same values as you. I think that's increasingly not the case. The high trial costs are the whole issue here. I'm saying bring them down, and be brutal about it if necessary.

          2 replies 0 retweets 0 likes
        9. anomalyuk‏ @anomalyuk May 31
          Replying to @anomalyuk @cultofunreason @Outsideness

          If you can't bring them down, the only remaining response possible is to have fewer trials, and plea-bargaining is a reasonable way to do that. As I said, an order-of-magnitude reduction in cost is what is needed.

          1 reply 0 retweets 1 like
        10. 3 more replies

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