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In the Name of God بسم الله
wolverine

#48 What's Worse: False Innocence or False Guilt?

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Poll #48  

88 members have voted

  1. 1. In a worldly court of law, which is the worse final verdict?

    • An innocent person wrongly considered guilty
      67
    • A guilty person wrongly considered innocent
      21


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But mistakes are inevitable when humans are involved. Tragic though. 

Oops, apparently I clicked the wrong vote. That's not what I meant to choose, though both are injustice so I guess it's ok. 

Edited by notme

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I would argue that false guilt is a LOT worse than false innocence, given the stigma associated with a finding of guilt. Yes, someone getting acquitted for a crime they obviously committed is very bad, and hinders the goals of justice and restitution, it is 10x worse in my opinion to find someone guilty for a crime they did not commit. They will have their freedom impinged if they are incarcerated, and will be looked down upon by society for having been convicted of a crime. 

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Depending on what crime it is, the first option can completely destroy an innocent persons life and the second could continue crimes to be committed against others (like a serial murderer or serial rapist being wrongly declared innocent) - both are pretty bad. The first one is just devastating and humiliating though 

Edited by HakimPtsid

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A guilty person considered innocent is the worst of the two. If lying robs people of their own freewill and ability or choice to do right because everything they will be based on lies or deception, then a society which deems the guilty innocent is not only injust, it is without a purpose or a duty to protect us all. It has ceased to be a proper society; It is a group of people in moral and spiritual anarchy. 

@Islandsandmirrors @wmehar2  @notme  Thoughts on this?

Edited by Gaius I. Caesar

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Yep, I think pragmatically speaking, a guilty person being falsely considered innocent is far worse. The innocent person being considered guilty is more of a personal and moral outrage but isn't a further threat to other people, unlike a dangerous person being considered innocent. 

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57 minutes ago, HakimPtsid said:

Yep, I think pragmatically speaking, a guilty person being falsely considered innocent is far worse. The innocent person being considered guilty is more of a personal and moral outrage but isn't a further threat to other people, unlike a dangerous person being considered innocent. 

I dare say like, Kant did before me- if people think the guilty is innocent  on the basis on perceived  "goodwill" ("He is always generous, he took that money because X was a rich, corrupt fat cat" or "He is intelligent, religious and caring, he would never kill Y.") Then know that good qualities are meaningless in a person, if his will inclines to bad actions or he has no motivation to be a good person in the first place. Thus a guilty person "absolved" of wrong-doing is a greater threat to society, morally and legally. Not because the criminal can continue to commit crimes but because are we redefining what society deems permissible as according to an immoral person.

Edited by Gaius I. Caesar

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 @Gaius I. Caesar I feel they're both equally grave injustices.  Equal weighting. At least sitting here now pondering about it.

An innocent losing their life or punished undeservedly could change them into bitter or resentful beings.

A guilty person avoiding punishment may change to be better and seek redemption doing good works. 

On the other hand... the guilty walking innocent is free to kill rape and Rob again which have devastating chain reactions .

And the innocent deemed guilty will lose their reputation , time and productivity. Then  me must consider the guilty still roaming free.... when innocent is chosen.

Family impacted etc, forever not as impactful or influential in their lifetime.

In Mexico a false story of a kidnapping spread on whatsapp and 2 men were publicly killed... when no crime took place.  I want to ponder the tragedy of the event where judgement is passed when none is necessary.

... in the end I just can't pick one over the other.

 

Edited by wmehar2

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1 hour ago, Gaius I. Caesar said:

Thoughts on this?

Oh definitely both are an injustice, but as long as human courts are involved, mistakes will sometimes happen. I believe it's worse for an innocent person to be found guilty, at least partly because that innocent person will be penalized and the actual guilty person will not, therefore two injustices have been committed. It is not the case that if a guilty person is deemed to be innocent, an innocent person must necessarily be deemed guilty. 

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On that account: We ordained for the Children of Israel that if any one slew a person - unless it be for murder or for spreading mischief in the land - it would be as if he slew the whole people: and if any one saved a life, it would be as if he saved the life of the whole people. Then although there came to them Our messengers with clear signs, yet, even after that, many of them continued to commit excesses in the land.

http://wiki.ahlolbait.com/آیه_32_سوره_مائده#yusufali 

http://tanzil.net/#trans/en.shakir/5:32

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On 11/10/2018 at 9:24 PM, wolverine said:

In a court of law...

A guilty person found innocent is free to commit the crimes again and in fact, more often than not, that is exactly what they do. The problem isn't so much with thieves or criminals of that type as much as it is with rapists, child molestors, sexual offenders and other crimes that very deeply affect the victim from a psychological perspective. Basically crimes that can not be quantified by a monetary amount of restitution.

An innocent person found guilty while being a trajedy ultimately doesn't have the potential for damage to society as much as the freed criminal will. 

Both are a problem but the guilty being found innocent has much more damage as a result.

12 hours ago, wmehar2 said:

the guilty walking innocent is free to kill rape and Rob again which have devastating chain reactions

They usually do because you are dealing with criminals with a psychological issue. You're just letting the crime continue by this happening.

12 hours ago, Gaius I. Caesar said:

Thus a guilty person "absolved" of wrong-doing is a greater threat to society, morally and legally.

It is the lesser of the two evils.

 

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1 hour ago, Akbar673 said:

It is the lesser of the two evils.

It is not, it is the greater of the two evils. Ask yourself this: What does more damage over time, a person who wrongfully locked up or a criminal who was protected and commits crimes with no impunity because he was forgiven once? 

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1 hour ago, Gaius I. Caesar said:

It is not, it is the greater of the two evils. Ask yourself this: What does more damage over time, a person who wrongfully locked up or a criminal who was protected and commits crimes with no impunity because he was forgiven once? 

Whoops...I meant to type it is the greater of the two evils. 

I agreed with your statement that a guilty person is a greater evil than an unfortunate person who was locked up despite being innocent.

Can't type on a Monday morning. :helpsos:

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