News for hackers. Stuff that matters.
Re:I spent 22 years in prison for a crime I didn’t commit by fwn on Thursday December 05, 2019 @03:24AM (#21710775)
> When you're innocent you think that your innocence means something. It doesn't. Discount it and move on. ... If you're guilty ... no idea how to help you.

Not sure how to read that. Is this consistent?

I'm not trying to bait or anything. Judicial institutions aren't about some objective truth somewhere out in the universe. Best case scenario is that their processes provide stability. (The nice, good governance kind of stability, therefore creating legitimacy, being predictable etc.)

I can therefore fully understand the first part. No idea why they chose to return to the question of guilt again later in their comment.

It wouldn't change a thing in the usefulness of their advice.

Re:I spent 22 years in prison for a crime I didn’t commit by matwood on Thursday December 05, 2019 @07:30AM (#21711775)
You know the stories of criminals who have been arrested multiple times, convicted a few times, but are not jail? The reason is that for the most part guilty people, knowing they are guilty, will hide things. They will naturally avoid giving the police anything that can be construed to point to them being guilty.

An innocent person on the other hand, knowing they are innocent, will just talk. They will speak only looking at what they say in the best light. They will not realize that everything they say is going to be construed by the police to fit their theory of the crime. This is why it is important for an innocent person to think like a guilty person during their interactions with the police.

Re:I spent 22 years in prison for a crime I didn’t commit by saberdancer on Thursday December 05, 2019 @04:03AM (#21710910)
I think that the advice is that just because you know you are innocent that is not enough, they will still assume you are guilty (regardless of innocent until proven guilty) and that you need to come at it from the point of how can I change their mind from me being guilty to me being innocent.

Imagine you are innocent and you naively believe they can't convict you because you know you are innocent. There is no device to test for innocence so in the end it is not that hard or impossible to end up in jail even when you are innocent.

Re:I spent 22 years in prison for a crime I didn’t commit by jacquesm on Thursday December 05, 2019 @03:39AM (#21710829)
There is no inconsistency there. The first part is about how an individual that knows that they are innocent should not expect that to count for anything in the eyes of others.

The second part is to ensure that he doesn't waste his time on people that are really guilty because in the end that will go nowhere. Just like the innocence project has pre-screening to ensure they are not wasting their time.

Re:I spent 22 years in prison for a crime I didn’t commit by fwn on Thursday December 05, 2019 @04:26AM (#21711027)
> The first part is about how an individual that knows that they are innocent should not expect that to count for anything in the eyes of others. The second part is to ensure that he doesn't waste his time on people that are really guilty because in the end that will go nowhere.

Again, I think this is inconsistent. The original comment author is bound to be one of those third parties where objective innocence does not matter.

But if it "will go nowhere" as soon as objective innocence isn't a given, it does apparently matter.

Now does it, or doesn't it matter?

Re:I spent 22 years in prison for a crime I didn’t commit by jacquesm on Thursday December 05, 2019 @04:57AM (#21711146)
I think you've been adequately answered more than once in this thread, if you insist that that is not the case then I would assume that you have your mind made up and further discourse is not productive. That's not me trying to be rude, just an observation.
Re:I spent 22 years in prison for a crime I didn’t commit by fwn on Thursday December 05, 2019 @05:26AM (#21711272)
Oh, okay. Now that's quite an unexpected response to get here.

Nothing can have both an effect and not an effect at the same time. It's a logical error and reformulating this same error is not a fix.

Re:I spent 22 years in prison for a crime I didn’t commit by ifdefdebug on Thursday December 05, 2019 @06:19AM (#21711498)
I will try. As soon as "objective innocence isn't a given", the prosecutor will be able to produce true evidence to prove you guilty (not always, but mostly). Thus "will go nowhere". If "objective innocence" is given, the prosecutor, by definition, can't provide true evidence to prove you guilty. So they need help to hold up their fake case, and one way to provide help for that is acting like an ingenuous innocent who thinks nothing can happen to them because they are innocent.
Re:I spent 22 years in prison for a crime I didn’t commit by x3ro on Thursday December 05, 2019 @03:48AM (#21710862)
I thought exactly the same thing so I'm curious why people are downvoting you. I think saying both those things is logically inconsistent.

Edit: especially in a jury-based system it seems like it doesn't matter whether you're guilty or not, but whether the jury believes your story. In addition, many (most?) people who commit crimes do not necessarily think of themselves as criminals, though admittedly I got forgot from which source I got this.

Edit2: bottom line: why would influencing a jury suddenly stop working when you're guilty.

Re:I spent 22 years in prison for a crime I didn’t commit by afthonos on Thursday December 05, 2019 @04:23AM (#21711015)
> Edit: especially in a jury-based system it seems like it doesn't matter whether you're guilty or not, but whether the jury believes your story.

The US is not a jury-based system, but a plea-bargain-based system. Over over 94% of cases never go in front of a jury. [1] And while theoretically you can insist on your case going to trial, a few things will happen to you:

1. Your public defender will do everything possible to discourage you, because they don't have the resources to take you to trial.

2. As a consequence of not having resources, they will in fact be correct in discouraging you.

3. The prosecutor will charge you with far more counts, and a potential sentence that is much higher than what you'll get in a plea deal.

Note that the extra counts don't need to be provable. What they do is two things:

1. Add to your defense burden.

2. Put intense psychological pressure ("If I take this felony deal I get five years, but I might get TWENTY FIVE if I take this to trial and lose.")

If you can afford a good lawyer, the plea deal calculus works better, of course, since you now have a credible threat of taking a bad case to court and demolishing the prosecutor.

[1]: https://www.nytimes.com/2012/03/23/us/stronger-hand-for-judg...

Re:I spent 22 years in prison for a crime I didn’t commit by ljm on Thursday December 05, 2019 @07:06AM (#21711683)
I can’t see how plea deals are anything other than an an in humane way to make the prosecutors look successful while also giving the private prison complex a boost.

You know, they’re doing you a ‘favour’ by avoiding the trial so long as you accept guilt.

Re:I spent 22 years in prison for a crime I didn’t commit by afthonos on Thursday December 05, 2019 @07:08AM (#21711691)
In a perfectly functioning system, they give obviously guilty offenders a more lenient sentence in exchange for admitting guilt.

laughs hysterically

In the real world, of course, they are used to throw the book at people with no ability to defend themselves.

Re:I spent 22 years in prison for a crime I didn’t commit by ljm on Saturday December 07, 2019 @10:27PM (#21734177)
In a perfectly functioning system there is no concept of an obviously guilty offender because an obviously guilty offender cannot exist, because 'obvious' does not exist.

The only circumstance that holds true is if you get a legit confession. But that confession still has to be fact-checked.

As for the rest, you cannot in any circumstance be obviously guilty unless you were an accomplice to that fact or you were captured after the fact. You would have to read minds to throw away the presumption of innocence, and even in those seemingly obvious circumstances there may be something else going on. So we have the trials.

Plea deals are exactly that - deals between you and the state to go to jail so you might not go to jail longer. They're not doing you a favour, because they have all the authority.

Re:I spent 22 years in prison for a crime I didn’t commit by michaelt on Thursday December 05, 2019 @04:12AM (#21710954)
> why would influencing a jury suddenly stop working when you're guilty.

One would hope it would be easier to be found innocent when you are innocent - easier to produce evidence and proof of things that are true, and to produce convincingly honest testimony when you were being honest.

Re:I spent 22 years in prison for a crime I didn’t commit by croon on Thursday December 05, 2019 @05:30AM (#21711290)
But the initial point was explicitly that innocence doesn't matter. I understand GPs confusion.