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JGWeissman comments on The Cameron Todd Willingham test - Less Wrong
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In that case, why should we design the system on Bayesian grounds?
I think that's really why I concur with komponisto - our system may not be optimal, but optimal for a system has to work as a system, including resistance to gaming. Aside from what you suggest about constitutionality, on which I have no comment, your changes are generally unlikely to improve the ability of a legal system to prosecute the guilty and acquit the innocent.
I think the proper response to illegally obtained evidence, is to allow it to be presented as evidence, but charge those who obtained it with whatever crimes made its obtainment illegal.
The problem with implementing this in the current system is that the government has a monopoly on prosecuting criminal charges, so that agents of the government can get away with criminal acts. If ordinary citizens had the same power as district attorneys to seek indictments and prosecute criminal charges, it would provide a huge disincentive for illegally obtaining evidence, and many other government abuses.