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by swhipple 3618 days ago
I don't have the story around, but if I recall correctly, the minor procedural errors were forgetting to read Miranda rights. In the US, conviction can be based on possession without that form of evidence. Let's say for the sake of the argument that social status was an important factor here.

If going by-the-book is overly harsh, then the book needs to be amended. Bending the rules is not really praiseworthy, though it may end up with an good result in a particular case. It's not what I prefer in a justice system.

1 comments

The problem is that it's basically impossible to come up with a book of rules that are reasonable to enforce in all circumstances. The world is too complicated for that, which is why it's necessary to look at each case individually.
Right, I don't mean to imply that there can never be any nuance or discretion within the system.

But in the author's case the rules were bent for him (officers rewriting his confession, having 'the' lenient judge; "It seems like she might actually let him off," said the prosecutor) and seems that he was either a) given special treatment, possibly influenced by US citizenship or education; or b) that the prosecution being baffled by the results is common. The author suggests that because of the officer camaraderie and that he received what he believes a reasonable punishment, it's an example of a better (more humane) system.

Cultures with different values will have differing punishments for transgressions, but an ideal justice system should aim to reduce bias and codify procedure, so that no one is left scratching their head at the end of the day.