Register a SA Forums Account here!
JOINING THE SA FORUMS WILL REMOVE THIS BIG AD, THE ANNOYING UNDERLINED ADS, AND STUPID INTERSTITIAL ADS!!!

You can: log in, read the tech support FAQ, or request your lost password. This dumb message (and those ads) will appear on every screen until you register! Get rid of this crap by registering your own SA Forums Account and joining roughly 150,000 Goons, for the one-time price of $9.95! We charge money because it costs us money per month for bills, and since we don't believe in showing ads to our users, we try to make the money back through forum registrations.
 
  • Locked thread
Brannock
Feb 9, 2006

by exmarx
Fallen Rib

Samurai Sanders posted:

Concerning the path of sympathy and stuff, is there any risk that that could assist in the normalization of their thinking, just the same as hanging out in isolated community does? Like "oh, this guy doesn't find it THAT disgusting, maybe it's not as bad as I thought!" or something? That's what I'm worried about.

If you're addressing those people as-a-whole don't hold back. Mock them, inform them that they're pathetic and wrong and whatever. Marginalize the gently caress out of those movements. Make sure it's crystal clear that they're filth and society wants no part of them.

If you can manage to get a MRA or whatever into a 1-on-1 keep in mind that derision and the like is just going to make them dig in their heels, so if you're even remotely interested in actually changing their minds it might behoove you to at least put on a calm voice and expression as you explain to them why they're disgusting and wrong. Usage of those words optional. If they don't show any signs of changing then I guess cut loose or whatever?

Hodgepodge posted:

Not much different from the rest. You seem to have confused yourself for a professor of rhetoric and this thread for your students.

Cool, the passive aggressiveness still going I guess. Sorry for expecting people to actually reason things out in Debate and Discussion instead of fling out smug one-liners and contortions to try their hardest to prove themselves as Most Correct in a thread where 95% of the respondents agree with each other!

Adbot
ADBOT LOVES YOU

XyloJW
Jul 23, 2007
There's not a whole lot to debate or discuss if everyone agrees on 95%.

SealHammer
Jul 4, 2010
Click to understand my bad faith posting.

Hodgepodge posted:

Yeah, for sure. This blog post defines it nicely:


In your case, suggesting that we're just going to alienate misogynists further by confronting them is a tone argument. It suggests that the problem with our argument isn't its content, but its presentation. This is frequently used to derail arguments about gender, race, etc, by distracting from the actual substance of the matter at hand.

Not that there is no role for being pleasant or empathetic. See my first post in this thread for an example.

Alright, I think I understand it now. Tone argument is basically an informal logical fallacy relating to presentation.

To clarify my own position, I wasn't saying that confrontation is more or less valid than any other approach. poo poo, I think confrontation, as a form of communication, is one of the best ways to fix things you take issue with. I was trying to point out the thought process of these types of people and why a certain approach might not work. What I was saying, from my totally non-professional psychological, evaluative perspective, is that when someone expresses their views and is met with hostility, they will reflexively move away from the source of that hostility - they become less receptive to anything challenging their views. Their mind is not on a train of thought that is assessing the validity of your argument based on its own merits, but rather is assessing its validity based on their relationship to the person proposing that argument.

Basically, I'm saying that most of the people who hold these illogical beliefs hold them, in spite of evidence to the contrary, precisely because the opposite viewpoint has never been given to them in a way that can work its way past their defenses and into their illogical minds.

Sharkie
Feb 4, 2013

by Fluffdaddy

XyloJW posted:

There's not a whole lot to debate or discuss if everyone agrees on 95%.

I don't think this is the case, though. There was lots of debate over whether misogyny played a role in what happened, then I think that was pretty much established, then it moved on to what role extremist men's groups played. I think there was a lot of value in bringing to light what they were saying about this shooting, and what they were saying before it happened. Now it seems like the conversation is trying to be about "What is to be done" which obviously has no one right answer.

SealHammer posted:

Basically, I'm saying that most of the people who hold these illogical beliefs hold them, in spite of evidence to the contrary, precisely because the opposite viewpoint has never been given to them in a way that can work its way past their defenses and into their illogical minds.

That's one of the reasons I appreciate the guys saying "Hey, I used to be like this" speaking up, because it's hard to wrap your head around some of this stuff unless you've been in a similar position, I guess. I'd rather hold a dialogue with them then with the people currently espousing it, at any rate. Besides, they're going to discount anything said by a woman.

Sharkie fucked around with this message at 22:57 on May 31, 2014

Brannock
Feb 9, 2006

by exmarx
Fallen Rib
I think the best thing that could come out of all of this (reasonably, anyway) is that Western culture begins viewing MRAs as members of an active hate group on the level of neo-Nazis instead of an amusing and ineffectual backlash to feminist progress.

With all the exposes going on right now, and all the material that Rodger left on the Internet between his manifesto and his forum posts, there's definitely a lot more sunlight being shined on them. I just wonder how much attention will need to be paid to this over time to discredit MRAs. One week's worth? Four?

How much did the media focus on the Unabomber and dissect him?

Wales Grey
Jun 20, 2012

Sharkie posted:

"Women should be raped"
*crickets*
"Hey look at these stupid assholes saying women should be raped."
"Whoah easy there, you're just going to drive them away from the conversation"

Hey now, let's not mis-represent what that guy said. He didn't say women should be raped or want to be raped. He said they were begging to be raped.

ate shit on live tv
Feb 15, 2004

by Azathoth

Ghost of Reagan Past posted:

Here's a post that includes a bunch of misogyny and MRA dogwhistles.

I'll also bite and explain. There you are, belittling rape and sexual assault as something being done to someone, are confused about how often it happens (almost never; rape and sexual assault are huge problems on college campuses), and think that the injustice is being kicked out of university. Oh, and thinking that feminists (including those in this very thread!) think that men deserve to be treated badly (you also imply that you think that the system is set up to treat men badly), and feminism is just about smug moral righteousness, rather than actually trying to right horrible injustices in the world. These are also concerns that many MRAs bring up regularly, making me think that MRA-style misogynistic thinking is quite a bit more common than you'd realize.

EDIT: Also you might be surprised to learn that people who care about this stuff on the Internet sometimes go out into the real world and try and make a difference. But no, it's the Internet and that means it's just farting into space and moralizing circlejerks.

Nah, I was more worried about the process. If someone rapes someone then they should be arrested and charged in an open court of law, using the agreed upon adversarial process. The university tribunal, on the other hand, doesn't allow the accused to face the accuser, isn't allowed to see all the evidence, and sometimes isn't even told what he is accused of or by whom. Sure #notallmen have to worry about these types of things, but those that do have zero recourse and so they will post on the internet about it.

I'm glad you have the decency to call it a dog-whistle instead of outright misogyny, but you can see why many feminists would have a conflict of interest when it comes to treating the accused fairly.

Silver Nitrate
Oct 17, 2005

WHAT
I think a good thing has already come out of this. Because of yesallwomen, there has been a lot of discussion online and in person about things we face just for being women. I've heard from several good friends how they have been raped or assaulted. I'm glad they feel like they finally have a way to speak out about it. I'm not there yet, but I think I may be soon.

SealHammer
Jul 4, 2010
Click to understand my bad faith posting.

Sharkie posted:

That's one of the reasons I appreciate the guys saying "Hey, I used to be like this" speaking up, because it's hard to wrap your head around some of this stuff unless you've been in a similar position, I guess. I'd rather hold a dialogue with them then with the people currently espousing it, at any rate. Besides, they're going to discount anything said by a woman.

Yeah, I do appreciate people who use to be more-or-less misogynists giving their piece on why they thought that way and what changed their minds.

I don't necessarily agree that a woman couldn't change a misogynist's beliefs. Certainly it would be a long and concerted effort on her part, but it seems to me that it should all be down to positive conditioning. But, again, not a psychologist.

snorch
Jul 27, 2009

murphyslaw posted:

I was not being disingenuous.

It's pretty telling that the conversation has been irrevocably poisoned when you have to make double sure that a compliment to a heartfelt post was really a compliment.

No it's mostly because SA has become overrun with ironic shitposters ever since the GBSpocapypse and I can never tell.


Samurai Sanders posted:

While I understand all of this, what can we do if they've deliberately shut themselves off from nurturing, supportive people in favor of other people like themselves? I mean, I don't see how they could have gotten like this if they had even a single friend with their head screwed on right. Or, heaven forbid, a female friend.

edit: how did your friends manage to notice the signs in you, before you went past the point of no return?

It wasn't as direct as that, more just discussing the issues I was having and what I thought about them with my parents and what few friends I had at the time, and them being all like "waaaaitaminute that sounds a bit off, could you elaborate?" and myself then talking through it, eventually talking myself into an awkward corner, and spending the next few days trying to resolve the resulting dissonance in a way that made sense. Eventually I went into therapy for depression and anxiety issues, and a lot of what was left crumbled naturally as a side effect of the whole cognitive-behavioral awareness mindset. Meditation and drugs also contributed somewhat.

Nessus posted:

To share the contrary view: Why should we, the pro-woman, or at least non-anti-woman side, have to be - again - the ones who are gentle and sweet and forbearing and accepting and nurturing? Why is it necessary that we be the "bigger men" (so to speak); why is it vital that we be the ones who are civil, while the frothing MRAs receive both the privilege of getting to fulminate about HB9s and also the privilege of being coddled to?

That's not at all what I'm trying to suggest. It's not about tolerance and excessive politeness, it's about setting a standard for discussion through leading by example, with the goal of fostering mutual respect, and creating an environment where these issues can be discussed without resorting to personal attacks. I think if we as a society can get better at treating one another with respect and opening ourselves to understanding in general, people would have a harder time getting so deep into that warped kind of mindset in the first place. I realize this is in the realm of what some people would write off as holistic BS, and some would call it downright unmanly, but I'm sticking with it.

Anosmoman posted:

You have to have a very particular mindset to think that people are deliberately trying to hurt you if you have trouble forming social bonds. It's not a reasonable conclusion. If you can't find a job you typically wouldn't think companies are out to get you. There's some narcissism, inflated ego and lack of self-reflection in it. So why do so many men seemingly have that problem?

I will assert here that the lack of social support structures in American culture breeds depression, anxiety, egocentrism and narcissism. In particular, the prevailing ideal of Manliness calls for absolute self-sufficiency, bootstraps, and the emotional gamut of a brick, which means if you are having issues, it's up to you alone to figure them out. For most normal people, these goals are unattainable without making emotional and mental sacrifices, and the dissonance resulting from the failure to fulfill the ideal can cause a great deal of turbulence on its own. I am proposing that we do everything possible to break that vicious cycle. To me that mostly means appreciating and emphasizing that this kind of thing is part of being human, and that talking it out is just part of the process.

Where's the kickstarter to bring back Mr. Rogers?

snorch fucked around with this message at 23:26 on May 31, 2014

boner confessor
Apr 25, 2013

by R. Guyovich

Powercrazy posted:

Nah, I was more worried about the process. If someone rapes someone then they should be arrested and charged in an open court of law, using the agreed upon adversarial process. The university tribunal, on the other hand, doesn't allow the accused to face the accuser, isn't allowed to see all the evidence, and sometimes isn't even told what he is accused of or by whom. Sure #notallmen have to worry about these types of things, but those that do have zero recourse and so they will post on the internet about it.

I'm glad you have the decency to call it a dog-whistle instead of outright misogyny, but you can see why many feminists would have a conflict of interest when it comes to treating the accused fairly.

Lmao did you also cry when Donald Sterling violated a code of conduct and got banned from the NBA?

Sharkie
Feb 4, 2013

by Fluffdaddy

Silver Nitrate posted:

I think a good thing has already come out of this. Because of yesallwomen, there has been a lot of discussion online and in person about things we face just for being women. I've heard from several good friends how they have been raped or assaulted. I'm glad they feel like they finally have a way to speak out about it. I'm not there yet, but I think I may be soon.

Yeah really. I don't think most people understand how difficult it can be to talk about this stuff, much less in public, where you're likely to have a chorus of guys mocking you, calling you a liar, or otherwise trying to silence or ignore you. I think a lot of the men taking a "who cares, it doesn't affect me" attitude would be shocked if they heard honest stories that their female family members or friends had to tell. But it's something that has to happen, and the women that do it are brave as hell.

Lessail
Apr 1, 2011

:cry::cry:
tell me how vgk aren't playing like shit again
:cry::cry:
p.s. help my grapes are so sour!

Powercrazy posted:

I'm glad you have the decency to call it a dog-whistle instead of outright misogyny, but you can see why many feminists would have a conflict of interest when it comes to treating the accused fairly.

I don't. Please enlighten me :)

woke wedding drone
Jun 1, 2003

by exmarx
Fun Shoe

XyloJW posted:

There's not a whole lot to debate or discuss if everyone agrees on 95%.

We could always spend more time making fun of that glen beck video.

Judakel
Jul 29, 2004
Probation
Can't post for 9 years!

Popular Thug Drink posted:

Lmao did you also cry when Donald Sterling violated a code of conduct and got banned from the NBA?

A huge part of the reason accusers aren't allowed to confront the victim in the process he highlighted is simply because that was one of the major reasons people did not come foward.

Nessus
Dec 22, 2003

After a Speaker vote, you may be entitled to a valuable coupon or voucher!



Judakel posted:

A huge part of the reason accusers aren't allowed to confront the victim in the process he highlighted is simply because that was one of the major reasons people did not come foward.
Yes this seems very strange to me. I can understand the reasoning and like, anonymous trials are bullshit, but why should you necessarily have the right to stare down the person you've already abused?

I suppose putting it like that implies a presumption of guilt. Rather: Why should you necessarily have the potential opportunity to silence your accuser in such a way?

Sharkie
Feb 4, 2013

by Fluffdaddy
The worst was that group in Vancouver who put up flyers around campus encouraging women to not report rape, because what if your silly lady brain is confused and it wasn't really rape.

Kiwi Ghost Chips
Feb 19, 2011

Start using the best desktop environment now!
Choose KDE!

Judakel posted:

A huge part of the reason accusers aren't allowed to confront the victim in the process he highlighted is simply because that was one of the major reasons people did not come foward.

The fundamental right of due process has a cost, yeah.

murphyslaw
Feb 16, 2007
It never fails

Nessus posted:

I suppose putting it like that implies a presumption of guilt. Rather: Why should you necessarily have the potential opportunity to silence your accuser in such a way?

Because then it would be easier for the perpetrator to bully the victim into not testifying against them. Might makes right I guess?

Samurai Sanders
Nov 4, 2003

Pillbug

Sharkie posted:

The worst was that group in Vancouver who put up flyers around campus encouraging women to not report rape, because what if your silly lady brain is confused and it wasn't really rape.
What....?

And in Vancouver of all places? I hope they got a stern talking-to at the least.

rkajdi
Sep 11, 2001

by LITERALLY AN ADMIN

Kiwi Ghost Chips posted:

The fundamental right of due process has a cost, yeah.

Funnily enough, the state seems more than willing to toss due process out when the stakes are high enough-- see the Gitmo kangaroo justice that as signed off on. But it's more than good enough when it involves dragging women through the dirt and getting rapist scum off of course.

And I'm not sure what exactly we get out of doing things that way. Justice is already a joke, and seems more based on subjective bullshit than actual objective evidence. I have no confidence in the answer being arrived at actually lining up with reality, just that we've gone through whatever legal checks and come to an answer.

Judakel
Jul 29, 2004
Probation
Can't post for 9 years!

Kiwi Ghost Chips posted:

The fundamental right of due process has a cost, yeah.

Apparently it is not so fundamental.

CharlestheHammer
Jun 26, 2011

YOU SAY MY POSTS ARE THE RAVINGS OF THE DUMBEST PERSON ON GOD'S GREEN EARTH BUT YOU YOURSELF ARE READING THEM. CURIOUS!

Judakel posted:

Apparently it is not so fundamental.

I am pretty sure that is a different thing to due process anyway.

Judakel
Jul 29, 2004
Probation
Can't post for 9 years!

CharlestheHammer posted:

I am pretty sure that is a different thing to due process anyway.

Thankfully I am not a lawyer so...

Nessus
Dec 22, 2003

After a Speaker vote, you may be entitled to a valuable coupon or voucher!



Kiwi Ghost Chips posted:

The fundamental right of due process has a cost, yeah.
Why is it necessary for due process for you to be physically present at the same time as your accuser? I actually don't mean this sarcastically and am addressing this to others. Obviously you should know who is accusing you, but what specific aspect of justice is served by the requirement of simultaneous physical presence? Is it so that you can bellow "LIES" or possibly glare threateningly at them?

CharlestheHammer
Jun 26, 2011

YOU SAY MY POSTS ARE THE RAVINGS OF THE DUMBEST PERSON ON GOD'S GREEN EARTH BUT YOU YOURSELF ARE READING THEM. CURIOUS!

Judakel posted:

Thankfully I am not a lawyer so...

Well my point is conflating the two is kind of disingenuous.

Kiwi Ghost Chips
Feb 19, 2011

Start using the best desktop environment now!
Choose KDE!

rkajdi posted:

Funnily enough, the state seems more than willing to toss due process out when the stakes are high enough-- see the Gitmo kangaroo justice that as signed off on. But it's more than good enough when it involves dragging women through the dirt and getting rapist scum off of course.

Bad things do not actually justify other bad things, sorry!
http://www.theatlantic.com/national/archive/2011/04/sexual-harassment-and-the-loneliness-of-the-civil-libertarian-feminist/236887/

quote:

And I'm not sure what exactly we get out of doing things that way. Justice is already a joke, and seems more based on subjective bullshit than actual objective evidence. I have no confidence in the answer being arrived at actually lining up with reality, just that we've gone through whatever legal checks and come to an answer.

ok

CharlestheHammer posted:

I am pretty sure that is a different thing to due process anyway.

That depends.

quote:

Returning to the issue at hand, the Court notes that "[t]he right to cross-examine witnesses has not been considered an essential requirement of due process in school disciplinary proceedings." Winnick v. Manning, 460 F.2d 545, 549 (2d Cir.1972); see also Dixon v. Alabama State Bd. of Educ., 294 F.2d 150, 159 (5th Cir.), cert. denied, 368 U.S. 930, 82 S.Ct. 368, 7 L.Ed.2d 193 (1961). However, if a case is essentially one of credibility, the "cross-examination of witnesses might [be] essential to a fair hearing." Winnick, 460 F.2d at 550. In the instant case, the disciplinary hearing became a test of the credibility of plaintiff's testimony versus the testimony of defendant Scott. From the record, it appears that the only evidence that was before the panel came in the form of Scott's two statements alleging sexual misconduct and the plaintiff's two statements denying the same. Indeed, the record reveals that the panel was reticent about even permitting plaintiff the opportunity to make a second statement.

The opportunity to make two statements to a disciplinary panel might suffice in the case of alleged misconduct that could result in a short suspension from school. Goss, 419 U.S. at 583-84, 95 S.Ct. at 740-41. But the plaintiff here faced expulsion and procedures necessarily had to take on a higher level of formality to ensure fairness. See id. At the very least, in light of the disputed nature of the facts and the importance of witness credibility in this case, due process required that the panel permit the plaintiff to hear all evidence against him and to direct questions to his accuser through the panel. See Nash, 812 F.2d at 662. It is not clear from the record that plaintiff was afforded this opportunity. It is also not clear that this opportunity was affirmatively denied by the panel, either.6 In sum, it is apparent that defendants Brown and Wing have not demonstrated their entitlement to summary judgment as a matter of law on this claim.7
Donohue v. Baker

McAlister
Nov 3, 2002

by exmarx
Out of curiosity, did you guys ever come to a conclusion about whether affluenza made him more or less crazy? Since with the money he didn't need to work or study so we can't use those life skills to determine how mentally ill he was, etc.

Sharkie
Feb 4, 2013

by Fluffdaddy

Samurai Sanders posted:

What....?

And in Vancouver of all places? I hope they got a stern talking-to at the least.

There's a group called Vancouver Men's Rights Activism that, in response to a police department campaign to reduce rape, put up a bunch of flyers discouraging women from reporting it.

http://jezebel.com/5941876/mens-rights-activists-shocked-that-their-misogynistic-posters-are-being-torn-down

The leader of Vancouver Men's Rights Activism, and yes, that's the group's name, said:

quote:

I'm not suggesting every woman you meet is a loose cannon, but every woman you meet has the potential to be one, because for those few who are nutty, there's no disincentive for them to go, oh, I was late for work. I know, I'll just say I got raped."

And if someone has to think about why that's stupid, they should listen to more women.

Ernie Muppari
Aug 4, 2012

Keep this up G'Bert, and soon you won't have a pigeon to protect!
JENNY YOURE A LOOSE CANNON YOURE OFF THE FORCE

DeusExMachinima
Sep 2, 2012

:siren:This poster loves police brutality, but only when its against minorities!:siren:

Put this loser on ignore immediately!

rkajdi posted:

Funnily enough, the state seems more than willing to toss due process out when the stakes are high enough-- see the Gitmo kangaroo justice that as signed off on. But it's more than good enough when it involves dragging women through the dirt and getting rapist scum off of course.

And I'm not sure what exactly we get out of doing things that way. Justice is already a joke, and seems more based on subjective bullshit than actual objective evidence. I have no confidence in the answer being arrived at actually lining up with reality, just that we've gone through whatever legal checks and come to an answer.

"You don't have the right to due process if I really don't like it or if 100 rapists escape before we punish one guy who didn't do anything." --someone who is complaining about subjective bullshit in the justice system

Hodgepodge
Jan 29, 2006
Probation
Can't post for 207 days!

Ernie Muppari posted:

JENNY YOURE A LOOSE CANNON YOURE OFF THE FORCE

TURN IN YOUR BADGE AND RAPE WISTLE.

Seriously, though, we're all very concerned about due process in what is not, in fact, a legal process. I'm sure getting kicked out of a school is terrible if the charge is false. But that doesn't magically make a university a state, nor its procedures a matter of criminal law.

boner confessor
Apr 25, 2013

by R. Guyovich

DeusExMachinima posted:

"You don't have the right to due process if I really don't like it or if 100 rapists escape before we punish one guy who didn't do anything." --someone who is complaining about subjective bullshit in the justice system

A university tribunal isn't part of the justice system fyi

rkajdi
Sep 11, 2001

by LITERALLY AN ADMIN

DeusExMachinima posted:

"You don't have the right to due process if I really don't like it or if 100 rapists escape before we punish one guy who didn't do anything." --someone who is complaining about subjective bullshit in the justice system

My point is we've tossed out rights when they're "too hard" (i.e. when it starts to get in the way of powerful people or helps minorities) and continue to do it on a regular basis. Try to salute the flagpole when it involves loving over women seems pointless at this point, well except to gently caress over women.

We need something better as a justice system, because two dramatic speakers trying their best to spin stuff and introduce unspoken bias into a truth-determining process doesn't exactly come off as useful or productive. Hell, I'm still utterly shocked we allow eye-witness testimony, considering how poor it is factually and how much it is altered (i.e. coached) ahead of time.

Torka
Jan 5, 2008

rkajdi posted:

We need something better as a justice system, because two dramatic speakers trying their best to spin stuff and introduce unspoken bias into a truth-determining process doesn't exactly come off as useful or productive.

What alternative system do you propose? Not specifically for rape. Imagine a crime that isn't politically charged in any way, say two guys get into a bar fight, one of them dies and it's necessary for the system to determine whether or not the killing was accidental so we know what the consequences should be. How should we do that?

wateroverfire
Jul 3, 2010

Nessus posted:

Why is it necessary for due process for you to be physically present at the same time as your accuser? I actually don't mean this sarcastically and am addressing this to others. Obviously you should know who is accusing you, but what specific aspect of justice is served by the requirement of simultaneous physical presence? Is it so that you can bellow "LIES" or possibly glare threateningly at them?

It's so you or your lawyer or whoever can question your accuser.

Hodgepodge
Jan 29, 2006
Probation
Can't post for 207 days!
It might help to be clear if we're talking about how to fix how the actual criminal justice system handles rape, or if we're talking about extra-legal systems (such as those at universities) in which talk about rights is misleading. Otherwise the issue becomes obscured very quickly.

Also, I've personally seen police officers decide that an incident was not rape without a trial, preventing the issue from having a day in court at all. In Victoria, BC, a town so far to the left that the NDP (socialist) and Green parties regularly split the vote.

Hodgepodge fucked around with this message at 12:56 on Jun 1, 2014

rkajdi
Sep 11, 2001

by LITERALLY AN ADMIN

Torka posted:

What alternative system do you propose? Not specifically for rape. Imagine a crime that isn't politically charged in any way, say two guys get into a bar fight, one of them dies and it's necessary for the system to determine whether or not the killing was accidental so we know what the consequences should be. How should we do that?

I'm not sure accidental matters. There was an assault (a fairly standard criminal matter) and a man dead in your hypothetical case. Assuming that the physical evidence shows that the accused did it, the matter seems simple. Of course, with our current justice system we constantly engage biases, so the conviction currently rests on all kinds of non-evidence (how "good" a person each individual is, how the lawyers on each side argue the case, ect.) rather than the actual facts of the incident. And that doesn't include the idea that prosecutors and police both have their own biases that allow for cases to be pushed forward or not on less than factual grounds.

EDIT: And never mind that our final decider on the issue is a group of old lawyers who come up with a decision and then create a justification for it in law afterwards. The whole thing is rotten from the roots up.

rkajdi fucked around with this message at 13:06 on Jun 1, 2014

Torka
Jan 5, 2008

rkajdi posted:

Assuming that the physical evidence shows that the accused did it, the matter seems simple.
:psyduck: lovely as it is, I think I'll take the system we've got over one where factors that are tricky to determine but incredibly important, like intent, are considered irrelevant.

Adbot
ADBOT LOVES YOU

rkajdi
Sep 11, 2001

by LITERALLY AN ADMIN

Torka posted:

:psyduck: lovely as it is, I think I'll take the system we've got over one where factors that are tricky to determine but incredibly important, like intent, are considered irrelevant.

Intent is not possible to determine. You can't sit inside someone's head and figure out what they were thinking. What you're doing is engaging a bunch of your biases to figure out what you think the person might have been thinking. And guess what, that systematically fucks over minorities, while giving the benefit of the doubt to people on the basis of less than the facts. It's partially why we have a system so stilted toward the police and so unwilling to give the benefit of the doubt to PoCs, women, or other minorities.

  • Locked thread