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flakeloaf
Feb 26, 2003

Still better than android clock

joat mon posted:

Yes. Take a closer look at the 13th Amendment.

But people are sentenced to imprisonment, not to servitude.

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flakeloaf
Feb 26, 2003

Still better than android clock

Discendo Vox posted:

If the only focus of penal reform is "reducing prison populations", then the solution is simple- set all the prisoners free (yes, this is how some people view the problem, and yes, a smaller set of people have proposed solutions almost this "clear"). Addressing the root cause of why the prison system has such a large population begins with why people wind up attracting the attention of the criminal justice system in the first place: Poor social services, high availability of addictive substances, and a lack of gun regulation.

And the criminalization of poverty. Get a $125 red light ticket that's inflated to $400 with fees, don't pay it cause you don't have $400, get sent to jail, can't get bail, plead guilty to a questionable charge to get out so you can go back to work and try to hold your family together because you'll never afford the legal fees and it sucks to defend yourself from inside jail, and on your way home a cop sees you, a black man, fail to park and shut his car off at a red light and decides to write you for it, repeat.

flakeloaf
Feb 26, 2003

Still better than android clock

Combining them in a short story seemed to flow better than listing all of the various ways the disconnect between the price of justice and the means of your average offender can lead to unnecessary incarceration.

flakeloaf
Feb 26, 2003

Still better than android clock

Yeah, sorry that was me.

Pro se defendants: Are they all insane disruptions or have you seen any pull some pretty clever moves out of nowhere?

flakeloaf
Feb 26, 2003

Still better than android clock

ActusRhesus posted:

Some are batshit. But more are just difficult and refuse to cooperate with their counsel. Either way, I've yet to see a pro se do well.

I ask cause we had one guy, Wahab Dadshani, score a partial win after chasing a drug dealer into a video arcade and killing him with a sword. He had amici for some of the process, but the trial judge called him intelligent and articulate and stopped shy of congratulating him for doing a seriously good job; the jury convicted him of manslaughter (he was charged with first degree murder). Then later the parole board called him a dangerous, violent, high-risk offender with serious anger and self-control issues so maybe he should still be in jail, but everything up to that point was pretty impressive.

flakeloaf fucked around with this message at 02:17 on Jul 1, 2015

flakeloaf
Feb 26, 2003

Still better than android clock

I'm pretty sure 253 is the most heavily annotated bit of law in the history of Canadian jurisprudence, and is therefore an oddity that shouldn't be used as a reasonable measurement of anything. The Crown needs a short route to the presumption that the instrument was working that can't be trumped without clear evidence that the defense is under an explicit burden to prove, and the Court needs a way to bleed off those cases where punishment wouldn't be a meaningful exercise for offenders who were caught before hurting someone, have paid through the rear end to get to this point and have honest and genuinely learned their lesson.

flakeloaf
Feb 26, 2003

Still better than android clock

ActusRhesus posted:

We have designated victim advocates whose job it is to make sure the victims know what's going on/understand the process while still keeping arm's length from the prosecutors. Do you guys not have that?

We do. It is not very good because the people are very busy and no matter how it goes the victims and witnesses end up feeling like empty freezie wrappers at the end of it, just sucked dry and discarded once the lawyers got what they wanted. I did a lot of hand-holding for complainants and helped them manage their expectations, which is a lot of fun when you're also the cop they'll be calling the next time the accused does exactly the same thing.

flakeloaf
Feb 26, 2003

Still better than android clock

Unless it's the criminal law against marijuana possession. :iiam:

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flakeloaf
Feb 26, 2003

Still better than android clock

Given what Joe Arpaio managed to do with a tin pot on his head, I'm going to go with yes.

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