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Comment by aorloff

16 days ago

I was in a jury pool for a case where the DA was attempting to prosecute petty vandalism to pressure a young adult over a minor crime ($500 worth of graffiti) because they wanted cooperation on another larger crime.

It wasn't going anywhere. When I finally got called up to voir dir I explained that I thought the real crime was sequestering 300 people for a day over $500. I suggested we collect $2 from each person in the jury pool (far less than we paid for parking that day) and cover the alleged damages and not only be done for the day, but have achieved some real measure of justice.

Lets just say the judge didn't agree and I got let out of voir dir.

My experience has been the same. I was on a grand jury, so pre-indictment and no voir dire, and there were many BS cases like this. We returned "no true bill" on all of them, which made me really proud of my randomly-selected neighbors. Cops were trying to railroad so many people over subway fare evasion, upgrading stealing $2.50 from the MTA to felony drug charges. We didn't bite. I did remark that I would just give them the $2.50 rather than ruining some high school student's life. (Seriously, just take it out of my taxes. I'm happy to work to fund public transportation.)

  • MTA already has a half-price program for low-income people. I agree fare jumpers don't need jail but they need some punishment. Make them clean the station and pick up trash for an hour, right then and there (I'm just spitballing). Otherwise it's unfair to law-abiding people.

    • I think public transport should be free. That solves the whole problem because it makes no sense to dis-incentivize the use of public transport to begin with and the fares are disproportionally hard on the lowest earners.

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    • Or make the transportation free, then you don't have to worry about policing infractions and instead spend the low effort policing money on cleaning, security, and improvement.

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    • Fare jumpers absolutely need jail - the sort of person who jumps the faregate is also much more likely than the average person to be a nuisance or a violent threat to other people on public transit. I think it's more important to jail fare jumpers than a lot of other types of petty criminal, because enclosed public transit is one of the most important areas in a city to control crime; people need to feel safe on public transit in order to want to use it to get around. The sort of person who fare-jumps is extremely often homeless, mentally-ill, or a gang member - not someone who is capable of being compelled to do a minor chore for the station without way more coercive effort than the station employees can be expected to provide. The right response to fare-jumpers is to have police - uniformed specialists in using violence or the threat of violence to enforce public order - physically remove them from the public transit station and keep them in a locked room under guard where they can't harm someone else.

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    • Then charge them cleanly and don't artificially try to inflate charges. It is the duty of any jury to let someone off when they feel its malicious prosecution.

      Police, Prosecutors, and Judges all openly use their discretion. Each of them could have quashed the charge before it got to a jury. The jury is the last line of discretion. Police, prosecutors, and judges love to call it "jury nullification" but its the same power that police, prosecutors, and judges use multiple times a day.

      The only crime I see is that police arrested an innocent person on false evidence, prosecutors charged someone based on false evidence, and a judge is actually allowing this case to proceed all based on evidence that everyone knows is false.

    • No the punishment should be harsher, not for an hour but 40-60 hours, or fine of $1000-2000. Otherwise they will never learn to respect rules. Especially in the subway where you cannot "accidentally" jump over the turnstile.

      I regularly see how people are not paying the bus fare (here in Russia). And the only reason why they do not pay is because the punishment is light (fine of ~25 USD) and chance of being caught and actually prosecuted is close to zero. So paying does not make economical sense.

    • > Make them clean the station and pick up trash...

      This should just be an established way to pay your fare.

    • There should be some teeth, but also we should be prepared for a small amount of "unfairness" baked into the system. If there are no controls, everyone will cheat. But if there's too many obstacles (turnstiles, checkpoints, conductors, cameras, etc) then people won't want to ride.

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  • That’s a great idea, just get people to voluntarily sign up to pay for things like that for the criminals. Like you said, take the $2.50 one way several times a day, every day for one person, times however many people do that out of your income since you want to pay for it.

    I am no fan of this rotten and illegitimate government or the fake and imitation justice system, but what do you think happens if every thug can just jump fare and get away with it, because if you had $1000 per month taken out of your paycheck every month, in sure you’d be singing a different tune.

    • Or we can all just agree that maybe basic transit in a city should be subsidized, maybe say... To the same degree that road construction is?

      At which point no one would need to pay a fare, and we'd all still save money trying to prosecute broke teenagers trying to move around a city?

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  • > Seriously, just take it out of my taxes. I'm happy to work to fund public transportation.

    Why don’t you just write a check to your transit authority every year then?

    • In the off chance this is a genuine question, this thought experiment is always resolved with "reasonable payments are only effective if many people contribute, and that is probably okay".

      Consider the extremes: - No one does anything. The cause fails. No one goes broke. Many people are modestly inconvenienced. - One average citizen donates everything to a worthy cause. No one else donates. The cause fails and the donor is broke. Many people are modestly inconvenienced. - Everyone donates a small fee to a worthy cause. The cause achieves its aim. Some people do not benefit, and are modestly inconvenienced.

      The choice, when given these two extremes, is clearly to decide by some consensus whether the interests of many (who would otherwise be modestly inconvenienced) outweigh the interests of the few (who would be modestly financially inconvenienced).

      But it assumes the cause is truly worthy, the money is handled faithfully, and the survey method is fair and accurate.

I wouldn’t want to live in a place where crimes below $1,000 go unpunished.

  • Perhaps there are alternatives other than "small crimes go unpunished" and "people make false admissions of guilt, pressured by the ruinous cost of the justice system, 300 jurors needed for a single trial"

    If we've got a Lamborghini justice system, delivering amazing performance to people with a spare $250k and doing nothing for anyone else - some would say that's not the right price/performance trade off.

    • False dichotomy?

      Ignoring smaller crimes just because they're under $1,000 isn't the answer. things can quickly spiral. How many times do you wake up to your car scratched window broken or whatever and would be ok ?

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  • I don't like living in a place where wage theft dwarves all other thefts combined, but we put ridiculous resources towards petty crime.

    • By the way, the stat you mention counts consensual arrangements as wage theft, probably the large majority of it (e.g. hiring illegal immigrants for under the minimum wage). Calling that "theft" is a rhetorical move, much like libertarians calling taxation "theft": it borrows the moral weight of stealing for something that's legally and morally quite different. If the stat had been calculated from asking workers, "does your employer owe you money that they refuse to pay?", I suspect the number would drop dramatically.

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    • To be clear, you're claiming that wrongdoing by one party justifies wrongdoing by another, and your enabling of the latter because you're ideologically aligned with it?

      I'd also be interested to know what the crime they were trying to get a lead on was. If it's another case of minor tagging then I can empathize more with the concerns about the prosecution, but if it's something more dire then frankly using judicial leverage strikes me as entirely appropriate.

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  • Im sure you’re familiar with the problem that lower thresholds creates a tool for selective application.

  • and still. limited resources means some crimes will go unpunished.

    let's start with the ones above $1,000 first, hm?

  • I wouldn’t want to live in a place where innocent people are forced under threat of financial destruction to make false confessions for crimes they didn’t commit, but here we are.

  • I don't want to live in a place where a fine of < $1000 causes 100 people to have to take a day off of work only paying them $30 for their time.

Having society (a group of unrelated jurors) to pay for the crimes of an individual (however minor you perceive them to be) is not justice. That's why you got kicked out.

  • But they were already paying for the crimes of an individual, in the form of time wasted, and parking fees. Their suggestion was about minimising it.

$500 was the damages that they were caught doing. Not the total damages they caused. If every "empathetic" person volunteers to pay $2 every time someone wants graffiti on their property removed, regardless of how often graffiti keeps reappearing, then maybe the DA wouldn't feel a need to prosecute.

  • What? after reading your first sentence many times it’s basically saying you’re of the mind that a criminal very likely has way more crimes that we’ve just haven’t seen so they should be prosecuted heavily for the one we did see just to make sure we get our prosecution-bang for the buck?

    • Not sure where you got that idea. No where did I express interest in punishing the perpetrator for anything more than what they were caught. My point is that their "solution" to justice does not solve vandalism the way that it they think it does.

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    • If the punishment is equal to the value of the crime then as long as the rate at which you are caught is less than 100% crime is a profitable option.

Brilliant! I'd get the pay per view just to see the judge's face when you made this proposal. Also you have balls of steel.

Hot take - the criminal should pay the jury if they're clearly guilty and wasting everyone's time. And the judge. And if they resisted arrest, the cost of the extra police work.

  • That is literally how it works in many places in the USA. They have to pay for the prison stay too.

Jury duty is the single dumbest thing I have ever done in my adult life. Nobody wants to be there, and half the jurors were falling asleep. When we got to the deliberation room, everyone wanted to GTFO as quickly as possible and we just went by our feels. In the end, everyone loses. Millions of dollars wasted... on perception of justice. What a freaking joke.