While I definitely agree that false accusation should be treated far more seriously and consistently than it seems to be, I think this is going too far in the other direction. Why should a victim of crime be obliged to prove a case against their aggressor? Who pays? What if the victim doesn't have the resources or time to take someone to court?
And you need to make an exception for murder, attempted murder, disablement, etc anyway. No, the current concept of criminal justice works reasonably well, or would with consistent and serious enforcement of false accusation (and, for that matter, prosecutorial harassment).
I repeat myself over and over again but I maintain that the best thing we can do to fix the justice system is to enforce the bloody law. All the laws. Consistently. If the law is too ridiculous to enforce, revoke it. But enforce the ones we have. Discretion in enforcing the law leads to gaming the system, protected and taboo groups, corruption, and ultimately profound injustice.
> While I definitely agree that false accusation should be treated far more seriously and consistently than it seems to be, I think this is going too far in the other direction. Why should a victim of crime be obliged to prove a case against their aggressor? [emphasis added]
Wait -- that's already true. Do you think the present system relieves a plaintiff of the burden of evidence? In a rape trial, the plaintiff has to produce evidence "beyond a reasonable doubt", and the state can do little to help (most rape cases rely on circumstantial evidence).
And "innocent until proven guilty" is a cornerstone of Western legal systems -- this discussion isn't about that, and shouldn't be.
> Discretion in enforcing the law leads to gaming the system, protected and taboo groups, corruption, and ultimately profound injustice.
Yes, and it's unconstitutional as well, therefore illegal and grounds for dismissal if it can be proven. But the suggestion being made here doesn't really address it -- both civil and criminal courts are equally likely to treat cases selectively, as do the police.
"Why should a victim of crime be obliged to prove a case against their aggressor?"
That's what I have issue with more than anything else. We don't know that they are a victim until the trial has concluded. Until then they're just claiming to be a victim. They may well be right, they may be honestly mistaken (it was dark and I mistook who he was), or they may be less honestly mistaken (I was drunk and assumed), or they may be maliciously mistaken (revenge).
Even if they have been beaten up or whatever, so it's pretty clear they didn't make it up, we should act cooly and say until we've had the trial, it's all just accusations.
Nobody should be a "victim" until there has been a trial. Innocent until proven guilty, accuser until proven victim.
And you need to make an exception for murder, attempted murder, disablement, etc anyway. No, the current concept of criminal justice works reasonably well, or would with consistent and serious enforcement of false accusation (and, for that matter, prosecutorial harassment).
I repeat myself over and over again but I maintain that the best thing we can do to fix the justice system is to enforce the bloody law. All the laws. Consistently. If the law is too ridiculous to enforce, revoke it. But enforce the ones we have. Discretion in enforcing the law leads to gaming the system, protected and taboo groups, corruption, and ultimately profound injustice.