Bartleboom

DeRank ™: 35,89
DeAge™ : 7612 days • Here since 9 august 2005
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José Padilha Truppa Di Elite
José Padilha Truppa Di Elite
27 aug 10
Voto:
"I never said that I agree with the death penalty." I quote from your comment #20: "dies in a maximum-security prison," "dies in a regular prison," "while they die in a regular prison," "they die in a maximum-security prison," "they die in a maximum-security prison." No, you don’t agree with the death penalty, but the system that you consider "surely better" than ours can result in the permanent removal of the offender from society until death. No attempt at rehabilitation, no educational purpose, no possibility of remorse. The important thing is that the offender serves their sentence until the last day. That this is called the "effectiveness" of a judicial system is, I reiterate, chilling. Among all the "positive" aspects of the American system that you mentioned, there isn't one that is pro-defendant or aimed at ensuring the discovery of the truth. All favorable to the prosecution: the investigative power of the police, the speed (absence) of the trial process, the fact that they throw away the key... The problem is that you start from the assumption of the defendant's guilt and, according to your reasoning, the effectiveness of the judicial system is measured by the system's ability to "catch him" and to "make him pay what he deserves." No reference, for example, to the ability to ascertain the truth, or to ensure the right to defense for the accused, or, moreover, to the objective of preventing the commission of new crimes. No, the important thing is repression.
José Padilha Truppa Di Elite
José Padilha Truppa Di Elite
27 aug 10
Voto:
I also recommend a book to you. It’s called "Archipelago Gulag" by Solzhenitsyn. In the first volume, there are descriptions of several trials, and some of the hearing transcripts are also included. There, things went more or less as you understand them.
José Padilha Truppa Di Elite
José Padilha Truppa Di Elite
27 aug 10
Voto:
The chilling truth is that here "the effectiveness of justice" is confused with punitive justice, with the idea that people should be thrown in jail and the key thrown away. "Did you kill someone? You're a murderer." Who cares about mitigating circumstances! The important thing is that you do 30 years. Here the mindset is the classic one of the good model citizen, thinking "things like that will never happen to me." I mean, concepts like certainty of law, proportionality of punishment, the idea that the defendant is presumed innocent until a final conviction, the adversarial nature of evidence gathering (can you even mention police impartiality?!?), the equality of resources available to both prosecution and defense, the goal of rehabilitating the offender—none of that matters. If you commit a crime, you are a criminal and YOU MUST go to jail! In fact, the problem in Italy is that "you always end up serving too little." And again: "in the USA, once convicted, you're practically finished." "There you can really say they lock you up and throw away the key." You call this EFFECTIVENESS?!? You call this Justice?!? The effectiveness of a judicial system is measured by how many people end up in prison and, especially, how many years they stay there?!? I call it "terror." Moreover, for it to be an effective system, it doesn't seem to have led to great improvements in social levels or a reduction in crime rates. Forgive me, but you’re frightening...
José Padilha Truppa Di Elite
José Padilha Truppa Di Elite
27 aug 10
Voto:
In your comment, I read "in the USA, they often rely on the use of 'precedent'." Thank you so much! Their system is common law. Therefore, making a comparison like "it's better there than here" really reduces the discussion to barroom chatter. Moreover, judicial precedent has, in fact, gained strength in our legal system as well. In other words, it is quite difficult for a first instance court or an appellate court to deviate from a ruling of the Supreme Court, perhaps from a united section on a similar case. Not to mention that even in the United States they are progressively adopting written codifications, but oh well. In any case, it is unclear how binding precedent can ensure greater "effectiveness" of the judicial system: either the precedent deals with a case that is exactly similar to the case at hand, or an interpretive/applicative intervention by the judge is still necessary, and we are back to square one. In any case, the issue of whether reliance on binding precedent ensures greater legal certainty compared to a general and abstract codification has been the subject of doctrinal debate for several decades. So reducing the argument to "it's better in the USA because they often rely on precedent" is like saying that Black people have rhythm in their blood, while Germans are a bit rigid.
José Padilha Truppa Di Elite
José Padilha Truppa Di Elite
27 aug 10
Voto:
As I feared: here we are talking about "effectiveness of justice" as if it were a football transfer market... So, according to your reasoning, effectiveness = speed/rigidity of procedures/length of sentence. Perhaps you don't realize it, but this is more or less the ante-room of every totalitarian regime.
In any case, regarding speed: the shorter duration of trials in the Land of the Free essentially depends on procedural reasons. Firstly, because the vast majority of trials end with what is essentially a plea bargain that mostly takes place in single hearings lasting just a handful of minutes, often left to a more or less discretionary evaluation by the judge. If you decide not to "plead" and are declared guilty, you end up in jail until the appeal, and that's that. Too bad that the prison system - especially in some states - is worse than several infernal circles. So, the recourse to appeals is rare. In summary, greater speed comes at the cost of a significant reduction in the protections available to the defendant.
In practice, you have the same distortions of the Italian system, but in reverse. With the difference that here you risk having a guilty person at large, while there an innocent person on death row. I can guess which of the two scenarios you would prefer.
Iron Maiden The Final Frontier
Iron Maiden The Final Frontier
27 aug 10
Voto:
Maybe it had already been posted, but the little girl who at two years old already knows The Trippar definitely deserves a repeat.
Iron Maiden The Final Frontier
Iron Maiden The Final Frontier
27 aug 10
Voto:
I'm sorry, but I cannot access external links such as YouTube. If you provide the text you would like me to translate, I will be happy to assist you!
Iron Maiden The Final Frontier
Iron Maiden The Final Frontier
26 aug 10
Voto:
@Unuomo: the decision was a difficult one, but if someone predicted, I don’t know, 4 submissions when the deadline was September 30th, one could assume that they would have made a similar forecast, if not even lower, had the competition closure date been set from the beginning to the 15th. In short: since the closure is EARLIER, it seemed right to me to allow only those competitors whose forecasts hadn't already been exceeded to revise their predictions. Is it a stupid idea?!? Of course! I came up with it, what could you expect?!?
Iron Maiden The Final Frontier
Iron Maiden The Final Frontier
26 aug 10
Voto:
No, no... no underwear jokes. First of all, because Omaha has the rights to it, and only he can decide what to do with it. Second, because by now an expectation has been created such that even the funniest joke in the world would elicit a "that's it?" Third, because it has to be told live; writing it down is not enough. Let’s put it this way: the first time we meet, I'll tell you, okay?!?
Turin Brakes The Optimist LP
Turin Brakes The Optimist LP
26 aug 10
Voto:
Oh my gosh, you’re one of the very first debaser fans! I guess we’ve never crossed paths before (or maybe I’m just so scattered that I don’t remember...). Well, welcome back! :)
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