I have this week's blog post ready.

If anyone will like this one, it's my Fediverse readers because it's super nerdy. I even took issue with Immanuel Kant.

I started to write about more mundane things like arrest procedures and arraignments, and then I got caught up in more interesting issues like why we even have criminal law.

It's here: https://terikanefield.com/criminal-law-and-procedure-part-2-why-criminal-law/

If you get the error message, it's all Mastodon's fault. Just wait a minute and try again.

Criminal law and procedure, Part 2: Why Criminal Law? - Teri Kanefield

Welcome back to Everything You Ever Wanted To Know (and presumably more than you’ll ever need to know) about Criminal Law and Procedure. Last week, in Part 1, the Basics, I covered: What is a crime and how do we decide which behavior to criminalize? Types of Crimes When Rape Was a Property Crime Financial […]

Teri Kanefield

@Teri_Kanefield

Just clicked the link and it works like a charm. 😀

@Teri_Kanefield TY as always Teri. The link worked perfectly and the blog post is thought provoking and very much on point these days. All the best to you.

@Teri_Kanefield Great read, as always!

At the risk of dramatically understating the point, and as I'm sure others will note, it seems to me that a discussion of criminal law & incarceration in the US is incomplete without a discussion of race; will that be a forthcoming installment in this series?

@Teri_Kanefield Kant keeps cropping up for me this week. The other day I learned that Tove Jansson (a Swedish-speaking Finnish author of children's books, not well-known in the US, unfortunately) drew her first Moonintroll as a caricature of Kant — on the outhouse wall. It was a rather sour-looking thing, but she softened the image until it became this.
@Teri_Kanefield one is reminded of Monty Python when one encounters the real pissant. https://en.m.wikipedia.org/wiki/Bruces%27_Philosophers_Song
Bruces' Philosophers Song - Wikipedia

@Teri_Kanefield I hear Emmanuel Kant was a real pissant
@Teri_Kanefield re Why NYS never investigated Trump. He was! The Manhattan DA *almost* brought charges for Trump Soho. A well-timed donation to Vance’s reelection campaign by the Trumps lawyer may have had a role in not pressing charges. And in the pre email, etc era, Trump was investigated for property taxes, etc. But the records needed were destroyed in a flood, etc.
@Teri_Kanefield Thought provoking. In law school my conservative poli sci teacher uncle & I had quite a debate (civilized & respectful) about crime & punishment; came down to he believed better to lock up some innocent folks to make sure you're getting all the criminals & I believe(d) it's better to let some criminals go in order to protect the innocent from ever being punished... And all of our attitudes about crime & punishment flowed from those...
@Teri_Kanefield
Any Money Python fan knows all about Mr Kant's issues.

@Teri_Kanefield Neat!

This post got me thinking about another reasin for the law, as some people see it: to trip up bad people. Not to hold everyone to uniform standards of conduct, but to bedevil bad people. Those who view the law this way, consider it an abuse of the system whenever they (or people they like) are prosecuted.

@Teri_Kanefield thank you for another thoughtful and well reasoned read.
@Teri_Kanefield I would have never guessed learning about concepts of law and philosophies of punishment could be as enjoyably as your writing is. So thank you.

@Teri_Kanefield: Excellent post. It seems to me at least that our legal system has never yet been able to decide whether to be punitive or rehabilitative as the political winds continually shift. The punitive bent has resulted in massive over imprisonment and high levels of recidivism, while there are instances where rehabilitation has also fallen short when the perpetrator(s) in question lack the ability or will to reform. In many ways, it comes down to balancing some people’s innate predatory instincts or desperation due to their living situation with the demands of modern societal living.

The question of mental capacity in the courtroom is a tough one. How can society balance public safety with fairness for somebody whose medical issues make them dangerous? A victim injured or killed by a person who commits violence because of a brain tumor or other organic physiological cause isn’t any less injured or dead.

@Teri_Kanefield when you say reformative theory, is that the same as restorative justice? I know there is the idea of the school to prison pipeline.
@Teri_Kanefield Thank you for another excellent read.
Separately I know it might be wildly off topic and perhaps a little too click-bait but given all the news out of Georgia in the past week or so I hope you might be able to, at some point, talk about contempt and the line between vigorous advocacy and contempt.
Either way I wanted to say how much I appreciate your continued education of all of us lay folk.
@Teri_Kanefield That, and part 1, was a great read. Very interesting stuff, presented clearly! Thank you! 😁

@Teri_Kanefield
"The problem with a grand theory like ‘retribution restores the balance of the universe’ "

Also: a victim who has been murdered - what possible balance could be restored to them? Once a person has been murdered, no further justice is possible for that person, it seems to me.

Fascinating article, thanks