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Strange New Worlds season 2 - SPOILERS
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<blockquote data-quote="Ruin Explorer" data-source="post: 9055172" data-attributes="member: 18"><p>This is such a hilariously narrow-minded and ahistorical viewpoint that demonstrates a profound lack of knowledge of legal history around the world that it's staggering, given how many big words are used. I don't think this is the thread to discuss it in detail, though.</p><p></p><p>I will say that almost every legal point they had was one that depicted a legal system INFERIOR (in terms of justice-seeking and fairness) to even ones that existed in the 20th century, in say, England and Wales.</p><p></p><p>At the very least a Star Trek era justice system should show some very basic improvements like throwing out clunky libertarian ideas long-abandoned by most justice systems, like "fruit of the poison tree", because all they do is promote unjust results, in practice. In theory they keep the power of the state in check (not really relevant to a utopian state) - America's criminal justice system is prima facie evidence that that not only <em>doesn't work</em>, given the vast number of illegal searches, legal workarounds even parallel construction and so on, but may actively achieve the opposite goal. Another example of something no Trek-era justice system should allow was the retributive addition of charges - adding two sedition charges after a plea deal wasn't accepted. Also, plea deals, don't even get me started on those - I think even the US is increasingly realizing that they're something that completely warps the justice system, allowing favouritism (letting people plead to wildly lesser charges if they're white enough and liked/rich enough), but also allowing brutal manipulation and encouraging overcharging when defendants are not favoured. They're not remotely required to operate a justice system either - rather they're something that emerges from the carceral state trying to deal with the vast numbers of people it is trying to criminalize.</p><p></p><p>Also kind of wondering about this lie-detector deal - we've never seen that since in any Trek trial episode, have we? Presumably it was a brief historical aberration.</p></blockquote><p></p>
[QUOTE="Ruin Explorer, post: 9055172, member: 18"] This is such a hilariously narrow-minded and ahistorical viewpoint that demonstrates a profound lack of knowledge of legal history around the world that it's staggering, given how many big words are used. I don't think this is the thread to discuss it in detail, though. I will say that almost every legal point they had was one that depicted a legal system INFERIOR (in terms of justice-seeking and fairness) to even ones that existed in the 20th century, in say, England and Wales. At the very least a Star Trek era justice system should show some very basic improvements like throwing out clunky libertarian ideas long-abandoned by most justice systems, like "fruit of the poison tree", because all they do is promote unjust results, in practice. In theory they keep the power of the state in check (not really relevant to a utopian state) - America's criminal justice system is prima facie evidence that that not only [I]doesn't work[/I], given the vast number of illegal searches, legal workarounds even parallel construction and so on, but may actively achieve the opposite goal. Another example of something no Trek-era justice system should allow was the retributive addition of charges - adding two sedition charges after a plea deal wasn't accepted. Also, plea deals, don't even get me started on those - I think even the US is increasingly realizing that they're something that completely warps the justice system, allowing favouritism (letting people plead to wildly lesser charges if they're white enough and liked/rich enough), but also allowing brutal manipulation and encouraging overcharging when defendants are not favoured. They're not remotely required to operate a justice system either - rather they're something that emerges from the carceral state trying to deal with the vast numbers of people it is trying to criminalize. Also kind of wondering about this lie-detector deal - we've never seen that since in any Trek trial episode, have we? Presumably it was a brief historical aberration. [/QUOTE]
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