Is it really fair?
Aug. 30th, 2024 01:30 am![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
kengrA big problem I see with law law as currently implemented is that there are a lot of extra, unacknowledged punishments for anyone that isn't well off.
What happens if you are held without bail or you can't afford to pay bail? Unless your trail comes *really* quick, you are going to lose your job. You are going to lose your apartment. and you are going to lose all your possessions that weren't on you when you were arrested.
That seems to me to be more than a bit unreasonable. Especially if you are eventually found not guilty. Even if you *are* found guilty, those losses aren't counted against any fines you may have to pay. That's even *more* unreasonable.
Sure, to make things "fair" would be a major pain and cost a lot. But the alternative is definitely unjust.
So, at a minimum, your things would have to be put in storage at no cost to you. And something would have to be done about your job and your living situation.Arrangements for you to get something equivalent when you get out maybe.
And your lost income should count as part of any fines imposed. And, at least *before* trial, money should be set aside to compensate you for that lost income if you weren't convicted.
If you were convicted there'd be all sorts of arguments about what should be done with that money.
Now consider, those two things *alone* would make the justice system to work a *lot* harder at having speedy trials instead of the months and even *years* long waits we see now. It'd be *cheaper* to hire the extra judges, lawyers, etc to get things settled in a timely manner.
Before objecting "but what if they are guilty?" please consider that loss of job, possessions etc *is* a punishment no matter how much we ignore it currently. As such, it is often *excessive*. And even when it isn't, since it's ignored, it may make the official punishment excessive.
What happens if you are held without bail or you can't afford to pay bail? Unless your trail comes *really* quick, you are going to lose your job. You are going to lose your apartment. and you are going to lose all your possessions that weren't on you when you were arrested.
That seems to me to be more than a bit unreasonable. Especially if you are eventually found not guilty. Even if you *are* found guilty, those losses aren't counted against any fines you may have to pay. That's even *more* unreasonable.
Sure, to make things "fair" would be a major pain and cost a lot. But the alternative is definitely unjust.
So, at a minimum, your things would have to be put in storage at no cost to you. And something would have to be done about your job and your living situation.Arrangements for you to get something equivalent when you get out maybe.
And your lost income should count as part of any fines imposed. And, at least *before* trial, money should be set aside to compensate you for that lost income if you weren't convicted.
If you were convicted there'd be all sorts of arguments about what should be done with that money.
Now consider, those two things *alone* would make the justice system to work a *lot* harder at having speedy trials instead of the months and even *years* long waits we see now. It'd be *cheaper* to hire the extra judges, lawyers, etc to get things settled in a timely manner.
Before objecting "but what if they are guilty?" please consider that loss of job, possessions etc *is* a punishment no matter how much we ignore it currently. As such, it is often *excessive*. And even when it isn't, since it's ignored, it may make the official punishment excessive.
no subject
Date: 2024-09-15 05:58 pm (UTC)The job of the county sheriff is two-fold. Provide law enforcement services and patrol in the unincorporated areas of the county and in the places that don't have their own law enforcement agencies, and to provide jail services and prisoner transportation to and from jail and court appearances. They also jail prisoners sentenced to short custodial terms.
Arpaio was a grand-stander from day 1. He was doing all sorts of things inside the metro Phoenix area, just to get on TV. Meanwhile, the unsolved crime rate in the unincorporated/unserved areas skyrocketed. The civil rights violations he perpetrated against the people whom he had custodial responsibility for went far beyond the pale. In one case, a European citizen who was wanted on a murder charge successfully fought extradition back to Maricopa County because of the reputation of Joe's jails and camps.
People who are reasonably well-to-do-off like to think they have nothing to worry about. 'After all, I don't break the law!' But what about your friends. Or if someone has a car accident and someone dies, and you're arrested for vehicular manslaughter and can't make bail.
It's so easy for your life to go sideways in the blink of an eye, and there are so many monsters like Arpaio out there who want to make your life a living hell because you've been arrested. You haven't been convicted, you haven't gone to trial yet. You may be exonerated, you may have the case thrown out. But you're going to rot until then, and your life may turn to hell forever after.
It broke my heart that my parents kept voting for that bastard, and I'll be really happy when he stops taking space above ground.