The fact is that the justice system is not perfect. Occasionally a guilty person will be acquitted, and it would really be best not to also punish an innocent as a result of that.
The fact is that the justice system is not perfect. Occasionally a guilty person will be acquitted, and it would really be best not to also punish an innocent as a result of that.
"admits" can be a loaded word. The accuser claims. Hopefully, their accusation was not the only evidence in the first place.
Personally I prefer the old system of innocent until proven guilty. You loose the mob justice, and you can't demand a lower standard of evidence, but in return people can report crimes without fear of repercussions. It is a fair trade, with the only drawback that a guilty person will have their punishment delayed until the justice system concludes with a guilty verdict.
I hear it has effectively no privacy.
See for example https://sverigesradio.se/sida/artikel.aspx?programid=2054&ar...
And then you have just singled yourself out as someone with something to hide and in small towns that is usually a problem.
but in some cases when evidence was manufactured the defence can come up with something that implicates the accuser.
That's not how it works, is it? it is not a battle where someone has to be guilty - either the accused or the accuser. Someone can be acquitted without anyone lying, or making false statements, or anything else. Just a few examples: insufficient evidence to prosecute, contradictory timelines.
It is bizarre that anyone thinks that this could be the system - get a conviction or suffer a conviction yourself.
There is a spectrum between provable accusations and demonstrably false claims that includes uncertainty, doubt and poor evidence. It isn't like going all-in in poker!
However, I still think that the kind of 'eye for an eye' approach proposed by the comment I was relying to would have a non-trivial, negative impact on the reporting of crimes. Just as guilty people can be acquitted, innocent people can be found guilty (even if it's not automatic), and this means that the accuser is exposing themselves to risk.
Fundamentally, no one should ever have to worry about the consequences of reporting a crime.
The rub is, they should have to worry about the consequences, if they're making a bad-faith false report. They should have to worry a lot, because they themselves are committing a wrong by reporting a false crime in such a way.
It's an incredibly hard problem, though.
I think you mean crime, not wrong.
That's not how criminal justice works. That's not even how torts work.