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Re:The Schwarzschild Defence by justsomehnguy on Sunday January 22, 2023 @05:16AM (#34475971)
> kidnapping someone for (presumably) decades

Presume Alice was 'kidnapped' in the ball for XX years. You trial Bob and sentence him for 20 years. 20 years passes, Bob serves his sentence and some time later it occurs what Alice were dead all these years, but Bob not only left the country but served his sentence.

Or you sentence Bob for the murder of Alice (even better - execute him), yet Alice is alive, though 20 years later.

Thing is, till the bubble pops you don't know for what exactly you should punish someone and hence - how hard and harsh.

It's a classical dilemma of bringing in/justice with the lack of means to prove anything.

There was a short story in a similar vein with a 'light retarded glass', ie glass what slowed the passage of light through it for times. It were essentially a CCTV/DVR with a years to retrieve 'the record'. The protagonist of the story waited for ~decades waiting to confirm if he sentenced the culprit rightfully for murder or he murdered innocent person with the state authority. Maybe someone would remember what was the name of this story.

Re:The Schwarzschild Defence by michpoch on Sunday January 22, 2023 @06:42AM (#34476435)
What would be the difference between this futuristic case and: - Bob kidnapping Alice - Alice not being found - Bob's guilt of the kidnapping is proven in court

Bob could claim e.g. that she escaped after being kidnapped and he's no longer aware of where she is.

Alice's dead body can still be found at some point, which could prove that Bob killed Alice; or she can be found alive, but because of any reason did not want to be found.

Re:The Schwarzschild Defence by fractallyte on Sunday January 22, 2023 @07:33AM (#34476746)
Re:The Schwarzschild Defence by FeepingCreature on Sunday January 22, 2023 @07:46AM (#34476848)
This is not how double jeopardy works.

By all means, sentence Bob for kidnapping, stick him in jail, have him get out, put a tracker on him and forbid him to leave the country. Then, when Alice pops out and is dead, you just trial him again. It's a different crime! What's more, even if it was the same crime, it'd be material new information!

(Quoth the ECHR: "The provisions of the preceding paragraph shall not prevent the reopening of the case in accordance with the law and penal procedure of the State concerned, if there is evidence of new or newly discovered facts")

Re:The Schwarzschild Defence by justsomehnguy on Sunday January 22, 2023 @01:24PM (#34480480)
Thats great, but the ball pops and its not Alice there.

You jailed Bob for years for the crime he didn't commit. Are you happy?

Re:The Schwarzschild Defence by FeepingCreature on Sunday January 22, 2023 @04:36PM (#34482483)
If it's not Alice there, bubbling Bob was also an injustice.