tag:blogger.com,1999:blog-16421782.post7719440887834000905..comments2023-04-12T12:47:42.615+03:00Comments on AnTyx: The Reverse Nimbyantyxhttp://www.blogger.com/profile/06567309109757565293noreply@blogger.comBlogger20125tag:blogger.com,1999:blog-16421782.post-76719438260174558062009-10-01T13:29:19.902+03:002009-10-01T13:29:19.902+03:00"It's a fact of how the criminal justice ..."It's a fact of how the criminal justice system works."<br /><br />I know that and you know that. <br /><br />"the reason for it is exactly what I described."<br /><br />Societies did not make the transition to prosecuting criminal complaints in the formulation "The people/State vs. ..." primarily because of a need for a more effective deterrent or way to remove Kristopherhttps://www.blogger.com/profile/01394211030848077681noreply@blogger.comtag:blogger.com,1999:blog-16421782.post-48131698207979113172009-10-01T11:23:07.436+03:002009-10-01T11:23:07.436+03:00To the best of my understanding, the US common law...To the best of my understanding, the US common law system relies a lot on precedent for procedural issues - what is a legitimate course of investigation, what kinds of evidence can be allowed or not, what is the interpretation of an ambiguous standard, etc. There are still statutes such as minimal sentences.<br /><br />If there are any lawyers in the audience, maybe you can comment?antyxhttps://www.blogger.com/profile/06567309109757565293noreply@blogger.comtag:blogger.com,1999:blog-16421782.post-62975201863087831442009-10-01T11:16:17.926+03:002009-10-01T11:16:17.926+03:00Another point here is that the American legal syst...Another point here is that the American legal system is not exactly driven by legislature, it's driven by precedent (if someone knows better, please correct me!). So for example if this crime happened in Estonia (for example) then the course of action would be rather clear considering the laws regarding the crime. But in the States, like I said, the precedents play a huge role - and if this Dorishttps://www.blogger.com/profile/12942338677951019959noreply@blogger.comtag:blogger.com,1999:blog-16421782.post-81388568806021267342009-10-01T10:49:20.500+03:002009-10-01T10:49:20.500+03:00It's not my opinion - it's legislative pre...It's not my opinion - it's legislative precedent, and in a different type of legal system, it's statute. A criminal offense is prosecuted even when the victim does not want it to be. Dropping charges is only possible in a civil suit or in a misdemeanor/administrative offense (väärtegu, as opposed to kuritegu). It's a fact of how the criminal justice system works, and the reason antyxhttps://www.blogger.com/profile/06567309109757565293noreply@blogger.comtag:blogger.com,1999:blog-16421782.post-14858700384882078982009-10-01T10:42:27.116+03:002009-10-01T10:42:27.116+03:00I am not mistaken -- that is what essentially happ...I am not mistaken -- that is what essentially happened. Modern justice is superior in many ways, but it was not developed by social engineers in a vacuum for the two purposes you mention. There was an evolutionary continuum. An old-school lynch mob of cavemen is 1) in no way inferior as a deterrent and 2) it also serves to put the transgressor out of commission very effectively. <br /><br />JustKristopherhttps://www.blogger.com/profile/01394211030848077681noreply@blogger.comtag:blogger.com,1999:blog-16421782.post-18280511639866674542009-10-01T09:25:15.079+03:002009-10-01T09:25:15.079+03:00But I thought that's what it WAS all about
Yo...<i>But I thought that's what it WAS all about</i><br /><br />You were mistaken. Vengeance cannot be outsourced. Criminal justice cannot undo a crime that has taken place, so it is concerned with neither vengeance nor forgiveness. A crime is prosecuted as an offense to society, and the purpose of criminal justice is to prevent crime from occurring in the future - whether by removing dangerous antyxhttps://www.blogger.com/profile/06567309109757565293noreply@blogger.comtag:blogger.com,1999:blog-16421782.post-82542053466945075372009-10-01T02:17:28.543+03:002009-10-01T02:17:28.543+03:00Justice was, of course, about revenge in the "...Justice was, of course, about revenge in the "good old days". Private law still is, to some degree. But in modern societies, public law primarily serves two purposes: to create a deterrent, preventing people from taking the crime in question too lightly; and to protect society, by reeducating criminals where it is possible, and by putting them somewhere where they can’t do any more space_mazehttps://www.blogger.com/profile/04761076198531074140noreply@blogger.comtag:blogger.com,1999:blog-16421782.post-78268478000510118442009-09-30T23:19:55.841+03:002009-09-30T23:19:55.841+03:00Me too.
"Justice isn't supposed to be a...Me too. <br /><br />"Justice isn't supposed to be about victims getting back at the perpetrator of a crime." <br /><br />But I thought that's what it WAS all about, then somewhere along the line civilization decided that it was too unseemly and outsourced it out to the state. What else is justice "supposed" to be? Why we should have an unstoppable bureaucratic beast Kristopherhttps://www.blogger.com/profile/01394211030848077681noreply@blogger.comtag:blogger.com,1999:blog-16421782.post-3484943438971048072009-09-30T18:32:20.539+03:002009-09-30T18:32:20.539+03:00I would like to know Jack Nicholson's view on ...I would like to know Jack Nicholson's view on the matter, considering it happened at his house (he wasn't at home).Giustinohttps://www.blogger.com/profile/04756707910693785516noreply@blogger.comtag:blogger.com,1999:blog-16421782.post-56764620810341153832009-09-30T16:26:09.654+03:002009-09-30T16:26:09.654+03:00"His victim isn't pursuing it anymore.&qu..."His victim isn't pursuing it anymore."<br /><br />This is another argument in this whole matter that I just don't get.<br /><br />Justice isn't supposed to be about victims getting back at the perpetrator of a crime. When the nature of a person's crimes is known, the victim's opinion on what punishment someone should get is irrelevant.space_mazehttps://www.blogger.com/profile/04761076198531074140noreply@blogger.comtag:blogger.com,1999:blog-16421782.post-32862530272887997162009-09-30T16:16:51.079+03:002009-09-30T16:16:51.079+03:00The inevitability of justice is paramount to the e...The inevitability of justice is paramount to the effectiveness of a legal system. In that sense, the widespread knowledge that even thirty years later, even if the victim would rather put it past her, even a person with money and connections will be made to serve his sentence is worth every penny.antyxhttps://www.blogger.com/profile/06567309109757565293noreply@blogger.comtag:blogger.com,1999:blog-16421782.post-25880517167881516882009-09-30T15:29:37.888+03:002009-09-30T15:29:37.888+03:00"Yes, there are far more immediate dangers to..."Yes, there are far more immediate dangers to society than Roman Polansky. That doesn't mean we should just forget the whole thing."<br /><br />I agree with the Author here.Kristopherhttps://www.blogger.com/profile/01394211030848077681noreply@blogger.comtag:blogger.com,1999:blog-16421782.post-85326482274339535612009-09-30T15:17:01.495+03:002009-09-30T15:17:01.495+03:00Apparently, the US State Department and LA court s...Apparently, the US State Department and LA court system and untold intermediate bodies have been filing writs for decades every time Polanski is supposed to travel. There's probably entire forests that have been disappeared. <br /><br />That's what I mean by automaton justice. Polanski is (probably) not the same person he was 30 years ago. His victim isn't pursuing it anymore. Yet theKristopherhttps://www.blogger.com/profile/01394211030848077681noreply@blogger.comtag:blogger.com,1999:blog-16421782.post-14434748826655451942009-09-30T14:48:34.733+03:002009-09-30T14:48:34.733+03:00Certain people have a bloody-minded automaton-like...<i>Certain people have a bloody-minded automaton-like view of justice.</i><br /><br />And certain people take enough exception to it that they refuse to recognize the merits of the case, assuming there must be something else to consider, some special circumstance.<br /><br />I'm not a fan of automaton justice, but in this particular case, he did it.<br /><br /><i>There are also valid reasons antyxhttps://www.blogger.com/profile/06567309109757565293noreply@blogger.comtag:blogger.com,1999:blog-16421782.post-87940764981087305402009-09-30T14:26:43.441+03:002009-09-30T14:26:43.441+03:00The problem with rape and publicity is that above...The problem with rape and publicity is that above all, the given victim doesn't want this rehashed. <br /><br />Who says the crime does not count? No one I am aware of. If it happened the way the testimony said it did, it is a very ugly crime, even with the generally coke- and barbiturate-fuelled 1970s scene and Polanski's personal tragedies.<br /><br />Certain people have a Kristopherhttps://www.blogger.com/profile/01394211030848077681noreply@blogger.comtag:blogger.com,1999:blog-16421782.post-74801712608271229662009-09-30T14:04:41.557+03:002009-09-30T14:04:41.557+03:00I meant convicted of course, I shouldn't type ...I meant convicted of course, I shouldn't type before having my morning coffee...Dorishttps://www.blogger.com/profile/12942338677951019959noreply@blogger.comtag:blogger.com,1999:blog-16421782.post-31872425947350148792009-09-30T12:19:18.742+03:002009-09-30T12:19:18.742+03:00another "interesting" argument for Polan...another "interesting" argument for Polanski's release is that the crime occurred 30 years ago and should therefore not count.<br /><br />but a) I don't think a rape should ever be "too old to be charged" and b) it's not really about the rape. it's about the fact that he was conviced, fled the country and now everyone is in a huff over the fact that he might Dorishttps://www.blogger.com/profile/12942338677951019959noreply@blogger.comtag:blogger.com,1999:blog-16421782.post-31888771340513491382009-09-30T11:49:40.612+03:002009-09-30T11:49:40.612+03:00Funny how everyone comments about economics, polit...Funny how everyone comments about economics, politics and so forth, but write about rape and celebrity and everyone pretends not to be reading.Mingushttps://www.blogger.com/profile/10129025788427961454noreply@blogger.comtag:blogger.com,1999:blog-16421782.post-12517130475842345492009-09-29T22:51:14.589+03:002009-09-29T22:51:14.589+03:00It's not anything specific to France. Ultimate...It's not anything specific to France. Ultimately no different than Naomi Campbell doing community service in a gown, or Paris Hilton getting out of jail time for a DUI. "The guy I know couldn't possibly be this bad" is a human reaction, though one that civilization needs to eradicate.antyxhttps://www.blogger.com/profile/06567309109757565293noreply@blogger.comtag:blogger.com,1999:blog-16421782.post-29375786329112329612009-09-29T22:35:50.224+03:002009-09-29T22:35:50.224+03:00I can understand why extremely poor countries are ...I can understand why extremely poor countries are willing to accept hazardous/toxic waste (reverse NIMBY). Despite the Basel Convention developed countries continue to trade or transfer their toxic waste problems to developing countries. http://www.greenpeace.org/international/campaigns/toxics/toxic-trade<br /><br />But what the fu@k is wrong with France. Are they really so culturally deprived/vulturesignhttps://www.blogger.com/profile/16769774106000485405noreply@blogger.com