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by kbenson 2066 days ago
> the family of the victim might be better off with a chunk of money than with the knowledge that the perpetrator is serving time.

Justice isn't always about providing benefit to those harmed. It's also about providing a framework in which crime is avoided by all because they know there are repercussions they can't avoid.

When the expectation is that you're rich and you can get away with killing someone either through paying someone to take the fall or bribery, then that will happen more often. If the expectation is that everyone is equal under the law, that will happen less.

The US isn't perfect in this regard, but I think it's a lot better than what's being described here. If Ivanka Trump drove recklessly and killed someone, it would be a lot harder for it to play out the same way here. That's not to say she would necessarily face justice, just that it's a lot harder to get out of it, so there wouldn't necessarily be an expectation that it will go away. There's a huge difference in expecting to get away with something and knowing it's uncertain when the consequences are years in prison.

1 comments

However, do compare wrongful death claims in the US which are handled in a civil suit.

O.J. Simpson famously got off with 'not guilty' in the murder case, but lost the civil suit.

See https://en.wikipedia.org/wiki/Wrongful_death_claim and https://en.wikipedia.org/wiki/O._J._Simpson_murder_case#Civi...

Yes, civil suits are brought be individuals, so are less about societal pressure and more about recompense, while criminal cases are brought by the state. I believe there's also a lower bar, and civil court works by "a preponderance of the evidence" as opposed to "beyond a reasonable doubt". The courts serve different purposes.
> Yes, civil suits are brought be individuals, so are less about societal pressure and more about recompense, while criminal cases are brought by the state.

This is somewhat inaccurate; while it is true that criminal cases can only be brought by the State, civil cases can be brought by the State or private parties.

Oh, good to know, I wasn't aware of that. Thanks! :)
Though as far as I can tell, the state only gets treated like any other private party in a civil suit.