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Jay Carr 10-13-2010 02:07 AM

Quote:

Originally Posted by aehurst (Post 598435)
It is most unfortunate that Civil Suits have little to do with right and wrong, it is always about money. Pay the money and the problem goes away. Sad.

I think I might disagree on this one. Often times civil suits happen because a criminal suit is impossible (like when there's no law that directly applies for example). The money is considered punitive in those cases. And really time = money, so in some cases a huge fine is about as good as someone going to jail (so long as it's a case like this, where a repeat offense is considered highly unlikely. Not so effective against, say, a psychotic murderer). Consider the school district punished, that's what matters. Hopefully they'll think twice about doing this again (and then not do it.)

Besides, in a criminal case all fines are paid to the government. Where as with a civil case the fines are paid to the person who was actually harmed (and the lawyer, nothings perfect...). Is it more fair for the government to make money off of this than for the person who was actually affected by the action? I'd prefer the harmed party get the proceeds myself.

The only real "reason" to make this a criminal case is so that you can set precedent for further trials. But to be honest, I don't like that idea either. Law should be set by elected officials, not trial lawyers who have been around long enough to become judges. As much as I respect the judges I know, I would prefer an elected official make my laws.

In the end, I think this outcome was probably for the best. Hopefully some action is taken to create some laws regarding electronic surveillance by school districts and similar organizations. And hopefully this doesn't happen again.

aehurst 10-13-2010 07:37 AM

Quote:

Originally Posted by Jay Carr (Post 598502)
I think I might disagree on this one. Often times civil suits happen because a criminal suit is impossible (like when there's no law that directly applies for example). The money is considered punitive in those cases. And really time = money, so in some cases a huge fine is about as good as someone going to jail (so long as it's a case like this, where a repeat offense is considered highly unlikely. Not so effective against, say, a psychotic murderer). Consider the school district punished, that's what matters. Hopefully they'll think twice about doing this again (and then not do it.)

Besides, in a criminal case all fines are paid to the government. Where as with a civil case the fines are paid to the person who was actually harmed (and the lawyer, nothings perfect...). Is it more fair for the government to make money off of this than for the person who was actually affected by the action? I'd prefer the harmed party get the proceeds myself.

The only real "reason" to make this a criminal case is so that you can set precedent for further trials. But to be honest, I don't like that idea either. Law should be set by elected officials, not trial lawyers who have been around long enough to become judges. As much as I respect the judges I know, I would prefer an elected official make my laws.

In the end, I think this outcome was probably for the best. Hopefully some action is taken to create some laws regarding electronic surveillance by school districts and similar organizations. And hopefully this doesn't happen again.

We do elect judges in my state. Federal judges are political appointees.

Yeah, probably for the best. Still, fines punish the wealthy far less than the poor. I would like to know what the judge would have said in a decision, rather than the insurance company just cutting it off.

Jay Carr 10-14-2010 02:32 AM

Quote:

Originally Posted by aehurst (Post 598515)
Yeah, probably for the best. Still, fines punish the wealthy far less than the poor.

This reminds me that in Switzerland they actually try and make fines a percentage of your income rather than a set amount. A rich guy over there was recently fined somewhere in then neighborhood of $150,000 for speeding...:D.


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