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Monday, March 13, 2017

Why We Don't Charge People For Everything

"Hypothetically, let's say they did what you suggest. Charged him for every thing under the sun. If he used condom throw on floor, also charge him for littering.

What happens? The possible sentence becomes huge. You want to throw the book at people, then they plead guilty for what? Might as well plead not guilty and then go to trial, try your luck.

He goes to trial. You've charged him for 101 things. YOU have to individually prove every single charge beyond a reasonable doubt. You charge him for 101 things, you have to call in several hundred witnesses, adduce enough evidence to fill a shipping container. You force his victims to take the stand, and you force them to be cross-examined by a defence attorney, you force them to relive traumatic moments in a public space.

At the end of the day, maybe of the 100 things you charged him for, the judge finds him guilty of maybe 10. The judge is pissed off that you have spent a solid year of nonstop trial-time. Attorneys' fees, court fees, etc approach millions of dollars.

In the mean time, innocent people in remand waiting to go to trial wait longer; guilty people maybe aren't charged because all the public prosecutors too busy working on this monster of a case.

And then the judge is pissed off at you for wasting his time and then gives a light sentence anyway. GG."
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