logoalt Hacker News

Lercyesterday at 8:45 PM1 replyview on HN

>In the eyes of the law, if you have been found guilty "you are guilty".

Yes but this is just another way to describe the problem, invoking it as a justification becomes tautological.

The patent office has a similar issue where they tend to consider prior work to be just what they see in other patents so the first person to patent is declared to be the first person to express the idea. To turn that view from the default position takes a lot of resources.

Laws should be unambiguous, but they shouldn't achieve this simply by defining the resolution of the ambiguity to be different from reality.


Replies

dijityesterday at 8:51 PM

You've misunderstood the point I was making. I'm not claiming legal findings are objectively true in some metaphysical sense, I'm saying that for a legal system to function, there must be finality to proceedings.

The alternative is what, exactly? Perpetual relitigation? Every convicted person maintains their innocence indefinitely and the system just... accepts that as equally valid to the jury's verdict?

We have mechanisms for when the system gets it wrong: appeals, post-conviction relief, habeas corpus. These exist precisely because we recognise legal findings aren't infallible. But the burden is on the convicted to demonstrate error... and rightly so, because the alternative is paralysis.

Your patent office analogy inadvertently supports my point: yes, there are edge cases where prior art is missed. But the solution isn't to abolish patent finality, it's to have robust review mechanisms, which we do.

The claim upthread is that the system is unjust more often than just. That's a far stronger claim than "the system sometimes gets it wrong."