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Culture War Roundup for the week of January 20, 2025

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A similar mechanism is already at work in our law: if you violate rights in obtaining evidence, that evidence will be thrown out, as otherwise it incentivizes the police to continue violating rights

This aspect of American legal environment is a prime example of failed incentive structure. It disincentivizes bringing to court evidence gathered obtained by violating citizens' rights, and nothing more. Thus the police may choose to use methods that violate rights and building the court case with parallel construction. Likewise, court cases that hinge on whether some procedural forms were followed in collecting evidence or testimony rather than whether the evidence is true and correct. Incentivizes rules-lawyering rather than finding justice.

I'd rather recommend sticking to system where defined violations are crimes that carry penalties as codified in the law -- or if some violations are deemed necessary for the functioning of the government, the cases for those violations are defined by the law.

Back to presidential pardons: sounds likely that instead of drawing the conclusion you propose, the courts and the government may learn a different lesson. There is zero direct incentives for increased respect for the law, more thorough investigations, or fairer punishments. Whether or not Biden's family-members were guilty of anything, or Jan 6 people received fitting punishment or not, everyone will note that the perhaps-crimes committed in service of the POTUS or favorably influence his re-election chances may be pardoned. In immediate future, the noblesse de robe will adapt to in anticipation how Trump will wield the pardon. Long-term, it incentivizes fights for the presidential throne to be more vicious.