599
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
this post was submitted on 03 Oct 2026
599 points (99.7% liked)
Technology
88627 readers
2936 users here now
This is a most excellent place for technology news and articles.
Our Rules
- Follow the lemmy.world rules.
- Only tech related news or articles.
- Be excellent to each other!
- Mod approved content bots can post up to 10 articles per day.
- Threads asking for personal tech support may be deleted.
- Politics threads may be removed.
- No memes allowed as posts, OK to post as comments.
- Only approved bots from the list below, this includes using AI responses and summaries. To ask if your bot can be added please contact a mod.
- Check for duplicates before posting, duplicates may be removed
- Accounts 7 days and younger will have their posts automatically removed.
Approved Bots
founded 3 years ago
MODERATORS
Go learn about the harmless error rule. You are incredibly naive. DAs and cops break the rules ALL THE TIME because once there's a conviction the burden of proof shifts and a defendant, now convicted, in prison has the burden of proving (somehow, while behind bars) that in a theoretical other version of reality they wouldn't have been convicted had the error not been made.
It's a nearly impossible standard to meet, especially difficult after conviction, and the remedy is not even necessarily release, merely a new trial.
Not only that, even if a judge and DA and cops violate a defendant's rights OVER AND OVER they still almost always apply the harmless error rule. Even if the trial is essentially infected with bias and procedural corruption (what could be deemed structural error), courts do not care.
Many decisions the court makes are just denials without opinions also, so it's not like the court always even justifies why they ignore a convicted person's request. In other words, the appellate cases you're reading as a law student showing one defendant got released over an error is a cherry picked case chosen by the court either to create the illusion of a fair functioning system or chosen because the situation is so egregious (that means terrible) that courts will look bad if they don't overturn it.
But no, there's nothing functional here.You're privy to nothing if you don't understand that things haven't really been functioning for a long time, primarily because the harmless error rule allows corrupt DAs cops and judges to do almost anything.
With respect, we might not be observing the same things at the same places. I saw an DDA blow up her own case (defendant accused of putting GPS tracker on ex-girlfriend's car) by accidentally mentioning that they traced a GPS tracker back to [defendant's first name].[defendant's surname]@gmail.com, and the judge decided this was fatal to their case because they forgot to put the name of the GPS tracker company employee on their witness list.
This guy was 100% guilty. Two witnesses saw him do it and they found his fingerprints on the tracker.
State v. Landon Heath Higgins, Oregon Circuit Court, case number 23CR14417 if interested.
I don't know the circumstances, but occasionally judges toss trivial things to punish DAs for messing up. It rarely impacts cases with larger punishments. You're likely referring to a misdemeanor case where the defendant may have gotten a plea deal for 6 months and had a good job and time in jail would have messed that up and resulted in a waste of county resources. Also, things like this occasionally happen to create the illusion of legitimacy. I am not sure if this is a case you read or if you witnessed the judge's ruling, but the fact that you're using what is likely a case that carries less than 365 days max time as an example of how a judge will destroy a DAs entire case is in itself revealing.
Have any circuit court examples of cases carrying 10 years? 20 years? Life? No? Oh, I wonder why. Are you a clerk? Assisting an ADA? You're completely biased and want to see things working. Go read about how impossible it is for the harmless error rule to get overcome on appeal, go read about how structural errors are essentially ignored or the remedy isn't even release but just go back to start. There's plenty of articles about this.
https://harvardlawreview.org/print/vol-131/harmless-errors-and-substantial-rights/
https://columbialawreview.org/content/criminal-procedure-rights-and-harmless-error-a-response-to-professor-epps/
I also once saw someone steal a soda from a store and was going to get a month in jail but the judge tossed the entire case because the DA made a procedural error! The system must work!