In reply to
WoodScientist
@WoodScientist@lemmy.world
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WoodScientist
@WoodScientist@lemmy.world
lemmy.world
@WoodScientist@lemmy.world
·
6d ago
>Courts are overburdened, and technology like gen AI promises consistency and efficiency.
I would argue that in criminal matters, an overburdened court system is a feature, not a bug. If every law were enforced 100% of the time, 100% of the population would be in prison for life. There are far too many laws for a human being to be aware of them all, let alone follow them.
We WANT our court systems to have a finite throughput. This forces prosecutors to be judicious about what cases they bring to trial. You don't prosecute everyone who goes 1 mph over the speed limit. Instead, you focus your finite resources on the guy going 20 mph over the limit. You don't prosecute the girl who steals a tube of lip gloss to the fullest extent of the law. You go after those stealing thousands of dollars of merchandise with the intent to flip it.
The real danger is that the penalties we have written into the law assume that they will be enforced rarely. A $250 fine for speeding is normal. But that fine was set assuming that for every one time you get caught speeding, you'll have committed the act dozens of times. Speeding is a fairly minor crime. We don't want people getting life-ruining amounts of fines for minor traffic law violations. We want it to sting, but we don't want to see someone made homeless because they drive a bit over the speed limit. But if suddenly every minor traffic violation were fined, everyone would be driven into bankruptcy.
I don't want the courts to be efficient. I want them to be overworked and unable to meet the workload prosecutors would like to throw at them. I want prosecutors to have to settle with indicted people before the full hammer of the law comes down on them. I want them to have to pick and choose their battles. The law was not written to be universally applied. It was written with prosecutorial discretion in mind.
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