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Greg Dalton's avatar

In a past life I was trained as a conservation law enforcement officer by the RCMP…one of the things I learned was that the decision on guilt or innocence was up to a judge BUT I had to apply discretion when applying the law since if I flooded the system with marginal cases this would erode the power of the law to be applied in the more severe cases. Take for instance the failure to stop at a red light before turning right. The law does not specify how long you have to stop it just has to be a “complete” stop. So without a duration this definition is meaningless and open to interpretation. It is up to the officer to decide when to apply the law.

This made sense but also placed responsibility on me and my morality. In my brief career I saw this play out time after time with senior officers struggling to make these decisions without being accused of collusion or entrapment.

Tax laws, laws of physics, even game rules are based on ideals and assumptions (usually binaries) that require interpretation. In the case of the stop sign case the apparent infraction could be used as cause for a traffic stop leading to further charges. Any time there is an opportunity for corruption or collusion we have to assume it can happen.

The only way to improve the system is to incorporate the problem that the rule is being established to overcome and the objective it is meant to achieve. This may require better data (car computers could record the duration of events such as a stop).

My knowledge of encryption is limited but listening to discussions about bitcoin anonymity myths leads me to believe that it is all smoke and mirrors and we should assume that we can never be free of collusion in any system.

Amber's avatar

Very insightful - this is my favourite article so far.

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