Comment by derefr

2 days ago

It is this sort of case that makes me think that criminal justice systems should expect to output balanced-ternary outcomes by default: not “guilty or innocent”, but rather “defendant is provably at fault / no one is probably at fault / prosecutor is provably at fault.”

It seems strange that, in cases like this where the charges were dropped as ridiculous, you still have to file a civil countersuit for the value of your wasted time and emotional stress — when the original criminal case already carried within it all the information required to instantly settle such a case in favor of the plaintiff. Why not just have any criminal case with a not-guilty finding automatically transition into being such a case?

> Why not just have any criminal case with a not-guilty finding automatically transition into being such a case?

For the same reason we generally don't allow punishing prosecutors when convictions are overturned. By failing to impose a penalty for losing on the prosecutor, you hope that they'll allow themselves to lose more cases.

  • "Allow themselves to lose more cases" sounds to me more like "allow themselves to pursue more ridiculous and frivolous cases in hope of extorting more people for profit and status"