I think this is an age old question and one that I think is VERY relevant to many issues we face today, that I will lay out in the form of a thought experiment... maybe our legal system is set up expecting an “acceptable” amount of false convictions when the variables of every law are considered.
Just in case anyone does not know the definition of a thought experiment... you cannot think up a 3rd option to end around the choice...
That said I will be shocked if half the replies do not ignore this part and do it anyway.....
Ok.... say a guy robs a bank and kills someone, but while making his escape turns a corner so the cops lose line of sight and crashes into a totally innocent person of similar description and dress..
So the cops know one guy is innocent, and one guilty, but have no way of telling the truth... leaving the cops with 2 options assuming it is legal to do this in our fictional scenario..
A) Convict both men and stop the crook from hurting anyone else, BUT you totally destroy the life of the innocent person..
B) you let both men go free...
Also please include how many guilty people would be worth trading???
Say it were 4 robbers and still only one innocent person, for example..
I think this is super relevant, maybe in most of the legal system..
For example “all women should be believed “.. obviously you don’t have to keep believing her once her story starts falling apart, but I see no way around not giving the accuser the benefit of the doubt in that case...
Rape is such a he said -she said crime , with little or no evidence or witnesses the normal dynamic of innocent until proven guilty does not work..
If the accused is assumed innocent, the 2 parties testimony considered equal, and the only real evidence is the account of the victim, no case of rape that is not by a stranger is ever prosecuted again...
Which no doubt means innocent people will be convicted because of that dynamic.. but how many rapists would go free to rape other people..
It is such a crazy , crappy choice...
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