• MangoCats@feddit.it
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    1 day ago

    the judges would actually follow the law (juries wouldn’t be able to exist for most cases)

    A core tenet of the law is the right to trial by a jury of your peers.

    Jury trials have a very similar flaw to democracy.

    Think of an average person you know, how stupid are they? Now, realize that half the people out there are stupider than that.

    An average randomly selected jury is going to be composed of 50% below average intelligence people.

    • Vinstaal0@feddit.nl
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      1 day ago

      Of the US law yes, but that’s not the case everywhere.

      I personally don’t think juries should do more than give extra input to the judge. The judge should follow the law exactly and tif they don’t, the average person should be able to file a complaint about them not doing their job and they should be investigated.

      (I also work in a field (accountancy) where you can file complaints to be for very cheap if I don’t do my job correctly)

      • MangoCats@feddit.it
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        1 day ago

        Curious: how often in your field are people harassed out of work by politically motivated complaints?

        Around here, restaurant owners are very vulnerable to that kind of harassment - they can literally be put out of business just by people complaining to the health department, with no real basis to the complaints. Its one thing that keeps restaurant owners out of politics.

          • MangoCats@feddit.it
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            1 day ago

            Yeah, 50€ will stop the drunk at the pub from filing a complaint on his mobile for a lark, but in the greater scheme it’s no barrier at all for people intent on serious harassment.

            the accountant can lose his title from it.

            That’s almost always on the table with complaint investigations against licensed professionals of all kinds.

            The bigger trick is: who are the regulators that execute the decision making process, how onerous is it to fight it, etc. A lot of what goes down around here on the “bad side” of all that is that certain actors familiar with the system will develop relationships with the regulatory body and launch complaints sufficient to significantly harass license holders (or any regulated person) just enough to really bother them, but not quite enough to trigger a fight with lawyers in the courts and appeals processes. In a competitive arena like running a restaurant, the harassment can be expensive and time consuming enough to tip the balance between profitable, and shutting down.

            • Vinstaal0@feddit.nl
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              13 hours ago

              If you file a complaint with an instance like the NBA in this instance it will not go directly to the person who you complained about. They should stop the harassment.

              In the case of accountants, the rules and regulations already make us write down a lot of our work and why we made certain decisions. If something is not written down, it is going to be hard to defend.

              Yes in a restaurant it is different, but generally harassment is pretty rare, at least with the restaurants I have or had as clients. None really saw it as an issue. You just ban them, kick them out, call the cops if it really becomes bad or just deal with the couple bad reviews.

              • MangoCats@feddit.it
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                1 hour ago

                Yeah, that’s how it should work. We have personal experience of a bogus complaint being filed by a big player with a regulatory agency, the agency coming around and interviewing / intimidating us, and subsequently sending us paperwork finding that the complaint was “substantiated” - something we consulted with a couple of lawyers about and they said “this would never, ever stand up in any kind of hearing or trial or other official process, but… to get it reversed will effectively cost you a couple of thousand dollars out of pocket and a lot of time and hassle - better to ignore it.” Of course the real issue is that the big player was guilty of everything in the complaint and more, this is just them “getting in front of the problem” before we complained about them - which we actually had no intention of doing…

                The restaurant example comes from a friend who was running a restaurant when he decided to run for political office. His incumbent opponent was directing health inspections of his restaurant at about 10x the normal frequency of inspections… Again, you can fight it, but even if you have the resources to win, what do you get for your troubles?

                Meanwhile, the bad actors in the above scenarios repeat their bad actions over and over for marginal advantages. Maybe someday they’ll be taken down for it, but usually not.