Re:A Tiny Bank’s Surreal Trip Through a Fraud Prosecution
by shasta on Monday July 27, 2015 @06:15PM
(#9958369)
I think this point of view is unrealistic and harmful. Look at what happens when you get a speeding ticket. In theory, you have a "right to a trial". But, of course, we can't afford to have everyone who gets a speeding ticket contesting it at trial. That would be prohibitively expensive. So instead, the courts impose hidden costs, making it a pain in the ass to go to trial over a speeding ticket. At best, you win a pyrrhic victory.
I would greatly prefer an honest accounting of my actual rights and the costs associated to using them. I think we would have much better justice system if less lip service was paid to "rights" and more attention was paid to costs and outcomes.
Re:A Tiny Bank’s Surreal Trip Through a Fraud Prosecution
by Retra on Monday July 27, 2015 @06:40PM
(#9958476)
The US Sixth amendment:
"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, [...]"
So if everyone started demanding trials for speeding tickets, they would probably just switch them to civil offenses instead of criminal ones, where they already aren't.
Re:A Tiny Bank’s Surreal Trip Through a Fraud Prosecution
by Lawtonfogle on Tuesday July 28, 2015 @09:16AM
(#9961201)
>I think we would have much better justice system if less lip service was paid to "rights"
The only solution is for actual service was provided to rights. Anything else is unethical and will justify and necessitate extreme violence to overthrow.
Because rights shouldn't come with punishments for using them. This would be like the government being outright allowed to buy the votes from people by means of tax relief if they don't vote (which equates to a tax on those who do vote). Or imagine if the government instituted a tax of $300 per month for having any medium able to communicate (phone, computer with internet access, etc.) but then gave an equal amount tax relief to anyone who agreed to not communicate about certain topics. This would equate a tax on those forms of speech.