Friday, April 19, 2019

Feature, Not Bug, or...

This Is How The System Works.

When the criminal defendant is not from a favored social class (rich, right kind of white, etc.), it is easier to prove "criminal intent" (not really the same thing as mens rea). Which is why Mueller wasn't confident he could convict Jr. (and not because Jr. was too stupid to be a criminal).  The Mafia boss goes to jail because we disapprove of the Mafia. Rich white kids? Well, maybe he was just stupid, right?

Criminal justice is quite often more about retribution than justice, at least when the defendant is otherwise sympathetic and can afford a good lawyer. Mafia bosses deserve punishment; sons of Presidents? Well, bless his heart, he just doesn't know enough to come in out of the rain.

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