wedrifid comments on Rationality & Criminal Law: Some Questions - Less Wrong

14 Post author: simplicio 20 June 2010 07:42AM

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Comment author: wedrifid 20 June 2010 11:16:04AM 9 points [-]

Forensic investigations could be conducted by neutral groups.

Haha. Neutral groups. In a role that requires status, wields power and people have an enormous motivation to influence them. That is going to work.

Comment author: james_edwards 20 June 2010 11:42:08AM 3 points [-]

Quite.

How well do we think judges do in this respect?

How well do we think the French system does in this respect?

At least where they are allocating tasks among interested parties, Anglo-American trials seem relatively savvy about human nature.

Comment author: wedrifid 20 June 2010 11:54:04AM 6 points [-]

How well do we think judges do in this respect?

Too much fictional evidence to really judge... but I say extremely well, all things considered. Overt bribes seem to be at least discouraged. That's a good start.

At least where they are allocating tasks among interested parties, Anglo-American trials seem relatively savvy about human nature.

Totally. "Advocate" rhetoric really gets on my nerves but there is no way I would trade it for fake neutrality. Where there is some low hanging fruit is in raising the bar on what rhetoric the advocates can get away with. That is, add logical fallacies and the most popular bullshit rhetorical gambits used in trials to the list of things that can be formally objected to. Many of these are objective enough to safely put in the hands of a judge.