News for hackers. Stuff that matters.
Re:Google's removed all mentions of an Intercept investigati... by perihelions on Thursday December 23, 2021 @07:16PM (#29668243)
Worth familiarizing yourself with this remarkable reporter (Radley Balko), if you don't already know who he is:

https://en.wikipedia.org/wiki/Radley_Balko

Re:Google's removed all mentions of an Intercept investigati... by kerneloftruth on Thursday December 23, 2021 @07:26PM (#29668318)
"Balko has advocated the abolition of laws criminalizing drunk driving, arguing that the "punishable act should be violating road rules or causing an accident, not the factors that led to those offenses. Singling out alcohol impairment for extra punishment isn't about making the roads safer"

That's such a naive and irresponsible, and frankly stupid, position to take. That's the first advocate for drunk drivers/driving I've ever heard of. I'll assume he wrote that for the "shock" value (i.e. click bait). I guess that makes him "remarkable", but not in a positive way.

Regarding the Little Rock police chief -- it sounds like race has nothing to do with it. Rather, sexual improprieties and personnel issues are what peoples' complaints are about. The Intercept is hardly a credible journal anymore (hear what its founder, Glenn Greenwald, has to say about it (https://rumble.com/c/GGreenwald).

Re:Google's removed all mentions of an Intercept investigati... by s1artibartfast on Thursday December 23, 2021 @07:48PM (#29668533)
I won't support this entire position, but there are a number of regulations for behavior which are correlative and not causative. Good examples for a more nuanced position are zero tolerance laws punishing drivers with any detectable level of bac, without any claim of danger or impairment. Open container laws are similarly problematic. Last but not least are intent to drive' provisions which allow charging of a drunk sleeping it off in the back seat with a DUI.

These are examples of enforcement based on questionable assumed outcomes, essentially boiling down to probabilistic pre-crime.

Re:Google's removed all mentions of an Intercept investigati... by kingcharles on Friday December 24, 2021 @12:17PM (#29675366)
I know someone who spent two years fighting an open container charge for an empty beer can in the centre console he was using as an ashtray.
Re:Google's removed all mentions of an Intercept investigati... by s1artibartfast on Friday December 24, 2021 @12:50PM (#29675780)
Yeah, great example. How did it turn out for them?
Re:Google's removed all mentions of an Intercept investigati... by kingcharles on Friday December 24, 2021 @07:01PM (#29678985)
Well, he was demanding a jury trial and the judge didn't want a jury trial for such a petty offense, so the judge scratched out the ticket (the ticket is the formal indictment in a traffic violation in Illinois) and wrote "noisy muffler" on it and asked if the defendant would plead guilty to that instead. He did so. I met him about five minutes later when he realized he'd made a mistake and wanted to get back in front of the judge and rescind his plea.

[I just tried to look the case up in the county's court computer system, but it only shows a fraction of his dozens of criminal cases and sadly does not include this one, so I am unaware of the final disposition]

Re:Google's removed all mentions of an Intercept investigati... by jchw on Thursday December 23, 2021 @08:57PM (#29669107)
I'll play devil's advocate: I doubt increasing the punishments for drunk driving is the most effective way to dissuade people from doing it. It's true that endangering people's lives by driving a vehicle while impaired is detestable behavior, but the desire for retribution should not be allowed to fuel unreasonable sentences and punishments. (Unfortunately, it often is, and it plays well into politicians getting re-elected into positions of power, so I suspect much of it creeps far higher than optimal.)
Re:Google's removed all mentions of an Intercept investigati... by judge2020 on Thursday December 23, 2021 @09:03PM (#29669160)
Looming punishment at least puts it in people's minds, even if a majority still doesn't follow the law; there's a reason a lot of people have a 'designated driver', and I imagine it's more about avoiding the ticket & punishment rather than avoiding endangering lives on the road.

Of course, there are indeed other solutions that should be studied if they have a chance of reducing harm & death initiated by the act of driving under an influence.

Re:Google's removed all mentions of an Intercept investigati... by jchw on Thursday December 23, 2021 @09:24PM (#29669300)
Well, it is definitely good that a DUI is taken seriously. And maybe it is necessary for alcohol to have specific laws against it in order to make that dissuasion effective. I can, however, understand the position that the current punishments are unnecessarily harsh. What would probably be nice, is if we had data to back up which approaches are effective.
Re:Google's removed all mentions of an Intercept investigati... by AnthonyMouse on Friday December 24, 2021 @12:48AM (#29670692)
> I imagine it's more about avoiding the ticket & punishment rather than avoiding endangering lives on the road.

I wonder about that.

We always hear the trope about the drunk driver usually not dying because they're "relaxed," but being relaxed isn't going to do jack when you smash into an overpass at highway speeds or dump your car over a cliff.

Keep telling everyone that drunk driving is dangerous and they're easily going to infer that it's dangerous for themselves. And then which is more of a deterrent, a nasty fine, or death?

Re:Google's removed all mentions of an Intercept investigati... by s1artibartfast on Friday December 24, 2021 @02:46AM (#29671339)
Drunk people are notoriously bad at judging their impairment. The threat of DUI has an deterrent effect on people who believe they could drive safely but are still concerned about a life altering criminal punishment. This is rational given that you are much more likely to get a DUI than kill yourself or someone else. There are ~10k alcohol related auto fatalities/year and approximately 1.5 million DUI arrests.
Re:Google's removed all mentions of an Intercept investigati... by dragonwriter on Friday December 24, 2021 @02:51AM (#29671370)
> Drunk people are notoriously bad at judging their impairment.

They are notoriously bad at executive function generally; deterrents aren't aimed at them.

The deterrent effect of DUI laws isn't on drunk people, it's on people who would otherwise choose to drink when they would then have to drive.

Re:Google's removed all mentions of an Intercept investigati... by s1artibartfast on Friday December 24, 2021 @02:55AM (#29671393)
That is a good point, but I think it is both.
Re:Google's removed all mentions of an Intercept investigati... by kerneloftruth on Thursday December 23, 2021 @09:37PM (#29669383)
You should have been alive in the 1970s (maybe you were) when drunk driving was truly a slap-on-the-wrist offense. In 1980 came MADD, and though their ad campaigns were annoying -- they and other similar efforts were effective. Since 1982, drunk driving fatalities in the US has decreased 52%, while total traffic fatalities have declined 18%. Among persons under 21, drunk driving fatalities have decreased 83%.[1]

[1] https://www.responsibility.org/alcohol-statistics/drunk-driv...

Re:Google's removed all mentions of an Intercept investigati... by jchw on Thursday December 23, 2021 @09:40PM (#29669403)
I wasn't alive in the 1970's, so I indeed lack that context. However, I'm not arguing against punishment for drunk driving or anything crazy like that, just that it's possible we've passed the ideal point for how much punishment is appropriate for drunk driving. As far as I can tell, the journalist isn't either, just arguing that it should be covered by more generalized offenses rather than ones specific to alcohol. To be honest, that doesn't seem too radical.
Re:Google's removed all mentions of an Intercept investigati... by SpelingBeeChamp on Friday December 24, 2021 @08:58AM (#29673607)
A journalist "advocating" for anything is already pretty radical.

I'm sorta one, and I'll be the first to say that the newsroom is not a place for activism.

Re:Google's removed all mentions of an Intercept investigati... by cascom on Thursday December 23, 2021 @11:15PM (#29670119)
Fun with statistics…my gut tells me that if we looked at all fatalities on road miles driven basis, I’m not sure these statistics would look so impressive how much of that number is due to people wearing seatbelts, airbags/safer cars?

https://en.m.wikipedia.org/wiki/Transportation_safety_in_the...

Re:Google's removed all mentions of an Intercept investigati... by edmundsauto on Friday December 24, 2021 @12:39AM (#29670641)
You can use total fatalities as the baseline - 18% drop, which includes effects of the massive drunk driving fatalities.
Re:Google's removed all mentions of an Intercept investigati... by moistly on Thursday December 23, 2021 @09:28PM (#29669329)
https://www.slatervecchio.com/bc-drunk-driving-laws-saves-li...

TLDR: British Columbia implemented the toughest anti-drunk-driving laws in Canada. Automobile accident rates dropped 20%. Pretty damn effective.

Re:Google's removed all mentions of an Intercept investigati... by naasking on Thursday December 23, 2021 @09:54PM (#29669516)
Correlation is not causation. I'm sure those new laws saw a lot of press and surrounding commentary around the dangers of drunk driving as well.
Re:Google's removed all mentions of an Intercept investigati... by jchw on Thursday December 23, 2021 @10:24PM (#29669765)
My opinion: what would be nice is a robust set of studies that you can do a sort of meta analysis of. Ideally it would include measures that _decrease_ drunk driving offenses too, although I admit that it is unlikely to find a good example of that in today's world.

I do think that one study that shows a robust correlation is a good start, though. That would be the starting point for trying to decide what the optimal tradeoff is.

The thing is though, I think it's a matter of diminishing returns. I bet if you made the penalty for drunk driving death it would reduce drunk driving further, but I don't think many would agree that is a measured and reasonable response to the offense.

Re:Google's removed all mentions of an Intercept investigati... by moistly on Friday December 24, 2021 @12:39AM (#29670649)
Good christ that tired old chestnut needs to be retired: it adds nothing of value to any conversation.

Here, take a look at the pretty pictures and tell me again that the results of the new laws are just a result of news media hype: a decade later and DD fatalities still down more than 50%.

https://www2.gov.bc.ca/assets/gov/driving-and-transportation...

TLDR: lowering the acceptable BAC level and putting some teeth behind the law radically and permanently changed the DD accident rates in BC. Gosh, such a surprise, that.

Re:Google's removed all mentions of an Intercept investigati... by AnthonyMouse on Friday December 24, 2021 @01:02AM (#29670768)
> Good christ that tired old chestnut needs to be retired

People so consistently ignore it or get it wrong that people have to bring it out time and again. For example:

> a decade later and DD fatalities still down more than 50%.

We're trying to distinguish between the effect of the law and the effect of hearing about the dangers.

If the law is still actively being publicized, presumably so are the dangers, so that doesn't work.

If nobody has heard a word about the law in ten years but people remember hearing about the law ten years ago then they also remember being warned about the dangers ten years ago. Maybe once people change their behavior it sticks.

If people don't remember things they heard ten years ago then they don't remember that the law exists either and it can't be deterring anything.

If you really want to do the experiment, repeal the law but keep publicizing the dangers and see if the rate goes back up.

Re:Google's removed all mentions of an Intercept investigati... by cycomanic on Friday December 24, 2021 @03:05AM (#29671440)
If you are saying it is due to increased publicity you will not have a problem finding an example where an anti drink driving campaign has a similar effect.

Also the way you use correlation isn't causation is disengenous. By your usage apples falling down is correlation not causation. The whole point about that statement is that we should not infer causation if we don't have a good understanding of why the causal relationship exists. In this case we do.

Re:Google's removed all mentions of an Intercept investigati... by moistly on Friday December 24, 2021 @01:21AM (#29670863)
Really? You’re proposing that before the law was implemented in 2010, people were not hearing about the dangers? That the previous 30-odd years of MADD were not seen nor heard by the citizens of British Columbia? That the behaviour of BC drivers in 2020 is due to the burst of media activity in 2010? cORrELatioN DoES NOt IMpLY cAUSATion!!ELeVeNtyOnE!

Pull the other one, it has bells on.

Re:Google's removed all mentions of an Intercept investigati... by AnthonyMouse on Friday December 24, 2021 @01:41AM (#29670988)
> You’re proposing that before the law was implemented in 2010, people were not hearing about the dangers? That the previous 30-odd years of MADD were not seen nor heard by the citizens of British Columbia?

Something explains why the law was passed in 2010 and not 30-odd years before. How do you know the same thing that caused legislative action isn't the same thing that caused the behavior change?

Re:Google's removed all mentions of an Intercept investigati... by moistly on Friday December 24, 2021 @01:42AM (#29671000)
This is the dumbest possible conversation and I’m out.
Re:Google's removed all mentions of an Intercept investigati... by AnthonyMouse on Friday December 24, 2021 @01:50AM (#29671035)
Do you actually think that correlation proves causation? Wet streets cause rain?
Re:Google's removed all mentions of an Intercept investigati... by scythe on Thursday December 23, 2021 @07:48PM (#29668526)
Dismissing a journalist because he holds one view you disagree with is an interesting standard. Can you honestly say you hold to it consistently?
Re:Google's removed all mentions of an Intercept investigati... by upofadown on Thursday December 23, 2021 @10:15PM (#29669672)
Well just as long as it would mean that people would actually get punished for bad driving. Right now things are a bit bizarre in that bad driving is mostly OK if you are not drunk. There is no general duty of care. If you didn't do it on purpose then it is just an accident.
Re:Google's removed all mentions of an Intercept investigati... by dylan604 on Thursday December 23, 2021 @08:11PM (#29668775)
Isn't this why some places are moving from driving while intoxicated (DWI) to driving under influence (DUI)? Doesn't matter the influencer so that it's not specific to alcohol.
Re:Google's removed all mentions of an Intercept investigati... by pulisse on Thursday December 23, 2021 @07:33PM (#29668391)
Balko started out his career as a bog-standard libertarian and staked out some unrealistic positions during that time, but has since evolved into a serious reporter on issues related to civil liberties.
Re:Google's removed all mentions of an Intercept investigati... by olliej on Thursday December 23, 2021 @07:36PM (#29668426)
Allowing drink driving is a not unusual libertarian view, much like the their desire to remove the requirement to be licensed to drive.
Re:Google's removed all mentions of an Intercept investigati... by oxfeed65261 on Thursday December 23, 2021 @07:44PM (#29668495)
To be clear, a license is not required to drive, although it is required on public roads.
Re:Google's removed all mentions of an Intercept investigati... by bigbillheck on Thursday December 23, 2021 @07:57PM (#29668630)
Greenwald's not much of a credible source these days.
Re:Google's removed all mentions of an Intercept investigati... by Krustopolis on Thursday December 23, 2021 @10:15PM (#29669675)
Please explain. He’s one of the last journalists that I still trust these days. Care to elaborate on your claims?
Re:Google's removed all mentions of an Intercept investigati... by lazyeye on Friday December 24, 2021 @12:16AM (#29670505)
I'm guessing he means Glenn Greenwald is no longer in exact alignment with the narrow railroad tracks of a particular ideology.

Personally I find him very impressive. A genuinely independent and courageous thinker, this is incredibly rare in the media.

Re:Google's removed all mentions of an Intercept investigati... by KarlKemp on Thursday December 23, 2021 @10:50PM (#29669956)
There is no possible way you don’t know what OP means. I can understand if you insist on regarding Greenwald as anything but yet another hack these days: you’d be wrong, of course. But there are too many wrong in that specific way to consider it as remarkable in any way.

But Greenwald 2021 is something different than Greenwald 2010, and denying that difference is not believable.

Re:Google's removed all mentions of an Intercept investigati... by Krustopolis on Thursday December 23, 2021 @11:03PM (#29670042)
This is not helpful. I asked the OP to back up his drive-by claims. I wasn’t asking for more of them.
Re:Google's removed all mentions of an Intercept investigati... by vajrabum on Friday December 24, 2021 @12:17AM (#29670512)
Google "Glenn Greenwald is unreliable" or simply type his name into Quora's search and you'll soon see the substance of the complaints. Here's one article on the topic.

https://quillette.com/2015/12/19/glenn-greenwald-fascisms-fe...

Or you could look to his support for Putin, Fox News against traditional media (CNN, NYT, WaPo,...), and his denial of Russian interference in the 2016 election.

Re:Google's removed all mentions of an Intercept investigati... by AnthonyMouse on Friday December 24, 2021 @01:36AM (#29670963)
All of these things are nonsense.

Accusing someone of bigotry while arguing that their speech shouldn't be censored is not inconsistent with the position that their speech shouldn't be censored. It's just answering speech with more speech.

His "support for Putin" is some kind of farce where he'll e.g. speak approvingly of Snowden being granted asylum and this is taken as proof of loyalty to the Kremlin.

He appears on Tucker Carlson periodically, typically to advocate for Assange. It's not obvious why saying the same things he does anywhere else is to be condemned just because he's saying them to the audience of Fox. Should we not be trying to convince them of anything? Why is that bad?

He consistently calls out CNN/NYT/WaPo/etc. when they get something wrong, presumably because these are the media he actually reads.

No one seriously denies that Russia attempts to influence US elections, as they always have in every election for decades. What many deny, because there is no credible evidence of it, is that Trump colluded with Russia. The people providing non-credible "evidence" of this have since been caught out as frauds and one is currently under indictment for lying to the FBI.

Re:Google's removed all mentions of an Intercept investigati... by bastardoperator on Thursday December 23, 2021 @07:32PM (#29668375)
How can anyone with a brain think like this? Drunk driving should come with harsher penalties in my opinion... How to lose all credibility in less than 10 seconds.
Re:Google's removed all mentions of an Intercept investigati... by throwaway0a5e on Thursday December 23, 2021 @07:33PM (#29668398)
We live in an age of legal weed, and probably soon to be other substance.

How can anyone with an IQ above freezing seek to criminalize any one substance rather than just criminalizing a) bad results b) impairment?

I don't care what, if anything, you're on. If you can't drive you can't drive. If you can you can. Penalizing any one substance simply because we can measure it seems farcical at best.

Re:Google's removed all mentions of an Intercept investigati... by olliej on Thursday December 23, 2021 @07:38PM (#29668444)
A DUI isn’t “drunk driving”. It is driving under influence, and covers all impairments: alcohol, prescription drugs, illegal drugs, etc. If the drug impacts your ability to safely operate a vehicle then DUI laws apply.
Re:Google's removed all mentions of an Intercept investigati... by throwaway0a5e on Thursday December 23, 2021 @07:45PM (#29668506)
<rolls eyes in loop>

Sure, on paper.

In reality 99% of enforcement is against alcohol because that's what they have the breathalyzers, blood tests and established law to go after.

It's exceedingly rare for someone to get a DUI for anything other than booze unless they are so high they fall asleep at the wheel

Re:Google's removed all mentions of an Intercept investigati... by toomuchtodo on Thursday December 23, 2021 @07:48PM (#29668537)
Australia uses saliva tests to perform roadside THC, Methylamphetamine and MDMA tests. My understanding is that the Netherlands also performs similar roadside tests, and Canada is piloting doing so.
Re:Google's removed all mentions of an Intercept investigati... by trompetenaccoun on Thursday December 23, 2021 @08:26PM (#29668898)
You're forgetting it's also what most people are on, which is the reason why it's the most tested for. 3 million deaths caused by alcohol every single year according to the WHO! It's almost like some sort of pandemic, only it's been going on forever and society isn't in the slightest way bothered.

I find it so odd few see the absurdity in all these public health debates. Now we have a virus going around and people go full authoritarian, even though the majority of deaths is way above the median life expectancy in many countries. Meaning they'd not have lived much longer anyway. But drunks kill tons of random people including kids every year - no biggie.

Just to be clear I'm against prohibition, I think all drugs should be legalized. There are millions of people who have serious issues with alcoholism though, and we have to do something against that, because they cause a lot of problems, even beyond killing others. It's farcical that drugs like LSD are highly illegal, even though users aren't known to harm others, but then others like alcohol are so accepted we even arguing about allowing people to drive while impaired with them.

If there were data showing that legalizing drink driving would lead to fewer accidents I'd be absolutely willing to consider it. I've never heard of anyone seriously make such an argument though, it seems like total bunk. A professional drinker may be driving inconspicuously, until one day their slow reaction time may not be enough to not hit that person crossing the street at night.

Re:Google's removed all mentions of an Intercept investigati... by not2b on Thursday December 23, 2021 @10:15PM (#29669670)
It is incorrect, at least in the US, that "the majority of deaths is way above the median life expectancy". While people over 75 have been hit the hardest, they are less than half the deaths, and Covid has caused US life expectancy to drop by two years.
Re:Google's removed all mentions of an Intercept investigati... by orf on Thursday December 23, 2021 @07:48PM (#29668536)
> I don't care what, if anything, you're on. If you can't drive you can't drive.

Yep, and the law agrees… as you agreed. Does it take a freezing cold brain to argue against itself?

Re:Google's removed all mentions of an Intercept investigati... by bastardoperator on Thursday December 23, 2021 @11:03PM (#29670035)
I don't care what people do in the privacy of their home. All of that is out the door when you step foot in a vehicle and put others at risk while driving intoxicated.

You can get upset that we don't have the tools to measure other substances but as soon as we do I can guaranteed they'll be deployed and I won't mind a bit. Don't drive intoxicated, it's simple, I do it all the time. If I drink or smoke, I uber to and/or from. It's not a hard concept to abide by.

Who said anything about penalizing any one substance? Alcohol abuse is just the most rampant and its effects tend to be the strongest when compared to other illicit substances. I think people that are selfish and ignorant enough to drive intoxicated deserve harsh penalties. Sorry not sorry.

Re:Google's removed all mentions of an Intercept investigati... by Barrin92 on Thursday December 23, 2021 @07:52PM (#29668580)
criminalizing based on impairment is fine but criminalizing based on 'bad results' is what is sometimes called 'moral luck' philosophy and dubious because it attributes punishment based not on intent but on factors beyond one's control.

If two people throw a stone at your head and one misses because he happens to be a bad thrower few people would argue that this matters rather than the intent to harm.

Re:Google's removed all mentions of an Intercept investigati... by commoner on Thursday December 23, 2021 @08:19PM (#29668837)
You're taking a deontological[1] view instead of a consequentialist[2] view. That's a valid viewpoint, but legal systems typically incorporate both views, and consider both intentions and outcomes.

In your example, how much of a civil penalty should each perpetrator pay to reimburse the victim's medical expenses? If we only considered intentions and not outcomes, the civil penalty would depend on the average cost of medical expenses the victim would incur from this type of attack, multiplied by the probability such a throw would result in a hit, regardless of whether the stone actually hit the victim's head.

But in reality, a court would focus more on outcomes than on intentions for this kind of civil penalty. The perpetrators would pay a civil penalty that depends on the victim's actual medical expenses. It's simply not practical to make accurate probability-based calculations for every damage assessment, and the victim should always be fully reimbursed.

[1] https://en.wikipedia.org/wiki/Deontology

[2] https://en.wikipedia.org/wiki/Consequentialism

Re:Google's removed all mentions of an Intercept investigati... by Barrin92 on Thursday December 23, 2021 @08:39PM (#29668989)
I don't think the issue is deontology or consequentialism here, I think you're actually giving a consequentalist account in both examples, just one time collectively and the other individually.

My point is rather that for criminal culpability to exist, there needs to be intent. And (excuse me if this is somewhat inaccurate because I'm not from a common law region), in general a 'guilty mind' is a requirement in criminal law, no?

Insofar as people receive lesser judgements for crimes without adverse outcomes the argument is that the better outcome reflects less willingness to commit or go through with a crime.

To take an extreme example, no jurisdiction I'm aware of punishes attempted murder substantially less severely than actual murder even if the outcome is that there's no harm done at all. Likewise an accidental death is not a crime.

Re:Google's removed all mentions of an Intercept investigati... by j16sdiz on Friday December 24, 2021 @01:34AM (#29670940)
> in general a 'guilty mind' is a requirement in criminal law, no?

It's called "mens rea"

Re:Google's removed all mentions of an Intercept investigati... by commoner on Thursday December 23, 2021 @10:33PM (#29669825)
On moral culpability, I agree with you. Whether the stone hits the victim or not, the perpetrator is just as morally culpable in either outcome. The perpetrator is equally "bad" for throwing the stone, even though the punishment varies depending on the outcome. The problem is that it is very difficult to quantify moral culpability, especially in a way that could be evaluated in court.

> I think you're actually giving a consequentalist account in both examples, just one time collectively and the other individually.

That's an interesting point, so let me revise my example. If we only considered intentions and not outcomes, the civil penalty would depend on how much damage the perpetrator intended to inflict (interpreted in monetary terms) by throwing the stone, multiplied by what the perpetrator believed to be the probability that the stone would hit the victim. The amount of the civil penalty could be wildly different from the victim's actual losses.

A financial system could be set up to ensure that the victim would always be compensated for their actual losses, while the perpetrator would always pay an amount that scales with the monetary interpretation of their moral culpability. There would be no guarantee that the incoming payments would equal the outgoing payments.

I don't think it's possible to implement this system, because there is no way to determine the required numbers with a reasonable degree of accuracy. As long as intent is established, courts rely on outcomes to determine judgments when the extent of the intent is unclear.

> My point is rather that for criminal culpability to exist, there needs to be intent. And (excuse me if this is somewhat inaccurate because I'm not from a common law region), in general a 'guilty mind' is a requirement in criminal law, no?

Yes, intent is an important factor in criminal cases. I'm not trying to argue that intent doesn't matter in court, because intent does matter. My point is that, for a legal system to be practical, outcomes also have to be taken into consideration.

> Insofar as people receive lesser judgements for crimes without adverse outcomes the argument is that the better outcome reflects less willingness to commit or go through with a crime.

Outcomes aren't necessarily a good approximation for intent. A perpetrator who is more competent at executing crimes would generate more adverse outcomes, while an equally willing but less competent perpetrator would generate fewer adverse outcomes. The more competent perpetrator should receive a greater sentence, but the reasoning would be based on the perpetrator's greater harm to society rather than their intent.

> To take an extreme example, no jurisdiction I'm aware of punishes attempted murder substantially less severely than actual murder even if the outcome is that there's no harm done at all. Likewise an accidental death is not a crime.

The counterpoint is that, at least in the U.S., states differ on whether attempted assaults are recognized as crimes, and whether assault charges require actual injury. There are related charges that vary per state, so I'm not able to make a generalization on the difference between attempted crimes and successful crimes.

Re:Google's removed all mentions of an Intercept investigati... by compiler-guy on Thursday December 23, 2021 @08:06PM (#29668720)
If two people throw a stone at your head, and one misses and the other hits, then there are (probably) two crimes involved: Both people assaulted you, but only one battered you.

These two crimes have different punishments. It's quite normal to have outcome-based laws.

Re:Google's removed all mentions of an Intercept investigati... by mmaunder on Thursday December 23, 2021 @07:36PM (#29668415)
He’s a conformist that hops into line on command, just like the rest of the staff of The Intercept. Unsurprising he also writes for WSP.
Re:Google's removed all mentions of an Intercept investigati... by torbTurret on Thursday December 23, 2021 @07:38PM (#29668438)
What an insightful, emotionally-intelligent comment.
Re:Google's removed all mentions of an Intercept investigati... by mmaunder on Thursday December 23, 2021 @09:08PM (#29669200)
Go read why Greenwald left. Seems that you’re out of the loop.