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The believer that chains himself to his sacred book may think that he has latched on to a vehicle that will carry him to paradise but the truth is that he has only added a weight that holds him back.
Riskable, self-quoting geek (1978-)

Our court system and injustice

Posted in Politics by Riskable on the December 27th, 2005

Here’s a great quote from this thread on Slashdot regarding what we can do to fix our civil court system:

  1. Have court-appointed attorneys, just like in criminal cases.

  2. Make it so loser automagically pays winner’s legal fees.

  3. Change the burden of proof to be GUILTY BEYOND REASONABLE DOUBT rather than a preponderance of the evidence.

  4. Allow a person in a civil trial to plead the 5th without negative inferences.

I’ve long held that our current civil court system is heavily weighed in favor of the person with the most money. If you’re sued for any reason whatsoever, a cheap lawyer costs tens of thousands of dollars. When a mere accusation can destroy a person’s life and liberty, you do not have a justice system; you have a tyranny system.

I’m not sure how I would handle #2. If the RIAA sues you for file sharing and you lose in court, would you be expected to pay the $millions that they paid their lawyers? Also, if I sue Mega Corp because I feel I’ve been wronged, would I have to pay $millions if I lose? The only individuals in the court system would be those who have nothing to lose.

My favorite item listed above (which I’ve been evangelizing for a long time) is #3. I don’t see why the burden of proof should be any less in a civil case. Often times the stakes are higher… You may not get the death penalty in civil court, but you sure can have your life and liberty taken away.

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