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A relevant question; it seems to hinge on where one draws the line. Joel Send a noteboard - 05/03/2010 04:19:34 AM
Suppose we discovered that a definite X percent of all prisoners were actually innocent victims of a government conspiracy. But we can't even begin to identify which prisoners are the victims and which are actually deserving of imprisonment.

We do know that they are mixed equally with all classes of offenders. So, for instance, X percent of them are on death row, and the same percent of them are trustees.

How high would the percentage of innocents have to get before you'd be most comfortable just releasing everyone?

And the answer seems to vary with the person. Ideally, confinement conditions should be strict but not onerous, and fair, so that convicted criminals suffer little more than the loss of their freedom, which is not insignificant, but a necessary evil in any legal system. No system is perfect, so we should strive to protect society without brutalizing the innocent, either by allowing the guilty to prey on them or sending them to gulags if wrongfully convicted.

The biggest issue for me here is when the death penalty rears its ugly head, and I once again refer to the godfather of American conservatism quoted at the end of the linked article (on the UK billing wrongfully convicted people for "room and board" in prison. )

"We find in the rules laid down by the greatest English judges, who have been the brightest of mankind, [that] we are to look upon it as more beneficial that many guilty persons should escape unpunished than one innocent person should suffer. The reason is because it is of more importance to [the] community that innocence should be protected than it is that guilt should be punished, for guilt and crimes are so frequent in the world that all of them cannot be punished, and many times they happen in such a manner that it is not of much consequence to the public whether they are punished or not. But when innocence itself is brought to the bar and condemned, especially to die, the subject will exclaim, 'It is immaterial to me whether I behave well or ill, for virtue itself is no security.' And if such a sentiment as this should take place in the mind of the subject there would be an end to all security whatsoever." --John Adams, in defense of British soldiers accused of murders at the Boston Massacre.

The observation was not an idle one; it was from an American patriot called to the onerous task of defending Redcoats involved in the Boston Massacre while his neighbors screamed for their blood. But the final point is powerful even if we ignore the cause of justice itself: If the entire populace subjected to the rule of law comes to feel it is arbitrary and vindictive, that they can be subject to the most extreme consequences despite being devoid of guilt, then their respect for law will vanish, and anarchy will be substituted for a law generally regarded as no better than it. If guilt is no longer seen as a prerequisite of penalties, those penalties no longer provide a deterrent and we have no more surety of safety than the restraint of individuals, a restraint so secure that it motivated the creation of laws in the first place.

EDIT: A final tangential but important note. Not only are many prosecutors more concerned with conviction percentage than actual justice, but this reflects a deeper relative: Whether it's mass murder or a shoplifted lollipop, once a suspect is apprehended, tried and convicted the case is closed and THE POLICE NO LONGER SEEK THE PERSON RESPONSIBLE. I mean, they've got him, right? Of course, if an innocent man is convicted of murder, it inevitably follows that the actual murderer was not, so unless he happens to have been convicted of another crime--he's still out there. And no one is looking for him....
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This message last edited by Joel on 05/03/2010 at 04:23:08 AM
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A level-of-comfort question regarding imprisonment of mixed innocent and guilty groups. - 05/03/2010 02:39:53 AM 326 Views
100% - 05/03/2010 03:47:31 AM 212 Views
Law of averages says there are certainly many innocent people in prison. - 05/03/2010 04:09:41 AM 198 Views
Doesn't matter - 05/03/2010 04:22:19 AM 187 Views
It does, in so far as it makes appeals a necessary option. - 05/03/2010 04:35:13 AM 189 Views
Did I say they weren't? - 05/03/2010 05:52:18 AM 216 Views
Nope. - 15/03/2010 06:14:33 AM 167 Views
You know Scalia said something like that last year - 05/03/2010 04:37:00 PM 195 Views
'Something'? Quotes are nice - 05/03/2010 05:07:00 PM 181 Views
Clarification: X% of them definitely did not meet the standards of reasonable doubt. - 05/03/2010 09:44:09 PM 171 Views
It's a pointless question - 06/03/2010 06:36:08 AM 172 Views
A relevant question; it seems to hinge on where one draws the line. - 05/03/2010 04:19:34 AM 175 Views
I never really liked silly questions like this - 05/03/2010 02:23:36 PM 205 Views
If there were 2,000,000 innocent and only 1 guilty, retrying everyone would not be practical. - 05/03/2010 09:22:16 PM 177 Views
That's silly though - 05/03/2010 09:39:53 PM 183 Views
Re: That's silly though - 05/03/2010 11:11:50 PM 190 Views
Re: That's silly though - 06/03/2010 12:11:06 AM 174 Views
Re: That's silly though - 06/03/2010 04:30:20 AM 168 Views
The answer is not "I don't know" it's - 07/03/2010 08:50:50 AM 167 Views
what does the chance of reoffending have to do with guilt? - 05/03/2010 10:02:21 PM 163 Views
Debt can be paid off, leaving the question of rehabilitation. *NM* - 05/03/2010 10:32:38 PM 67 Views
I still don't see the realtionship to guilt - 05/03/2010 10:59:28 PM 156 Views
Re: I still don't see the realtionship to guilt - 05/03/2010 11:31:51 PM 170 Views
there is a reason they call it the justice system and not the rehabilation system - 05/03/2010 11:33:55 PM 187 Views
It's called all kinds of things - 06/03/2010 12:02:00 AM 185 Views
Re: It's called all kinds of things - 06/03/2010 05:44:32 AM 175 Views
Well, we aren't going to agree at all (and I DID say it was opinion) - 07/03/2010 09:00:37 AM 148 Views
there is no perfect system - 05/03/2010 04:58:16 PM 181 Views
Reason Article inside - 05/03/2010 10:34:40 PM 213 Views

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