Comment by belorn
7 years ago
Do you think that the average HR department would do a better job at it, and if so why?
What would the optimal system be when we want punishment for crimes when the police drops it because there isn't enough proof.
7 years ago
Do you think that the average HR department would do a better job at it, and if so why?
What would the optimal system be when we want punishment for crimes when the police drops it because there isn't enough proof.
Companies have their own internal regulations, code of conduct, and cultural norms, and HR is ostensibly knowledgeable of these factors, as well as being trained specifically in employment law. Besides that, there are jurisdiction issues that HR aren't bound to -- e.g. if the alleged violation happened during a work trip to Kentucky or overseas, the complainant isn't required to travel to that court (or deal with the feds) to get the matter adjudicated.
But beyond that, I'm curious why you think the police are the gold standard for handling all of society's disputes? Again, let's ignore that the people and groups who constitute the "police" vary significantly depending on jurisdiction; and also, of course, that the police do not make the ultimate decision to press and pursue charges (that would be the prosecutor's office). The police have the power of government authority and protection behind their decisions and actions, but that is orthogonal to whether they are trained and equipped to come to the right and/or optimal decision.
It's no different than a company hiring private guards for security -- guards who are not only willing to do, well, guard duty, but also are familiar with the company's culture and regulations etc, and are (we would hope) specifically and better-trained for the attack vectors that the company faces. It would be absurd to argue, "Well, that company must not have real security threats if they didn't contract with the police to guard their workplaces"
I don't live in the US so maybe this is cultural, but do you really want the legal outcome of crime to be based on local policy and norms? When I hear about sexual assault give jail time in one town and only a slap on the wrist on an other then that sound like injustice. I have always believed that a sign of a healthy legal system in any nation is when common laws are being enforced equally regardless of local provincial customs, norms or policy. If we apply this to internal process of a company it looks odd that one company should have completely different outcome to an other when an employee commits a crime.
And we don't need to use the police. We could invent a new group called peace keepers with different training, but the key point is that crime is defined in a democratic process that is uniformed applied to every citizen and thus the outcome of crime should be equally uniformed.
Private guards has a very clear line between the domain of the police and what they can do, just like the clear line between the military and the police. Private guards do not investigate crime, do not handle evidence, and is not considered part of the legal system. Similarly it seems natural to me that cases which society defines as crime should not be handled internally by any company. Having overlaps where private guards and the military stepping in as police sounds as a terrible outcome and a sign that something is broken in the legal system. Better to then discuss what is broken and fix it so we can return to equal outcomes for all citizens.
> I don't live in the US so maybe this is cultural, but do you really want the legal outcome of crime to be based on local policy and norms?
This isn't about legal outcomes or crimes.
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