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849 points dvektor | 113 comments | | HN request time: 2.614s | source | bottom
1. mkoryak ◴[] No.44289534[source]
Thanks for letting us know, user that was created 5 minutes ago to write this 2 times in the comments.
2. ◴[] No.44289556[source]
3. calmoo ◴[] No.44289560[source]
Not to defend the author, but I think a more generous reading of this section from the blogpost:

> A brief summary is that I'm currently serving prison time for poor decisions and lifestyle choices I made in my twenties, all related to drugs.

Is that their poor decisions were related to drugs.

replies(2): >>44289571 #>>44289575 #
4. eddieroger ◴[] No.44289564[source]
From your link:

> The defendant, Preston Thorpe, appeals his conviction for possession of a controlled drug with intent to sell

He may have done other things, but his conviction was for possession with intent, and that seems to be why he's locked up. It doesn't make anything else he's done acceptable, but in America he's innocent until proven guilty, and it doesn't seem he was found guilty of assault.

replies(7): >>44289660 #>>44289668 #>>44289818 #>>44289828 #>>44289842 #>>44289845 #>>44290017 #
5. Hamuko ◴[] No.44289571[source]
The blog article that he links to has this in it:

>My name is Preston Thorpe, I'm 31 years old and I've spent just under 10 years of my life in Prison (all for non-violent drug crimes.)

https://pthorpe92.dev/intro/my-story/

replies(2): >>44289595 #>>44289624 #
6. riv991 ◴[] No.44289575[source]
In his earlier blog post that this one links, he says:

> I've spent just under 10 years of my life in Prison (all for non-violent drug crimes.)

replies(2): >>44289764 #>>44290388 #
7. qualeed ◴[] No.44289595{3}[source]
Seems accurate. He was convicted of drug crimes, not assault.

People are real quick to forget about innocent until proven guilty for some reason.

replies(1): >>44289684 #
8. tptacek ◴[] No.44289618[source]
He wasn't charged with injuring his girlfriend, and notably fled with her after that confrontation, setting off a national manhunt that led the TV news in the area.

https://apnews.com/general-news-d68dca63e95946fbb9cc82f38540...

replies(1): >>44289695 #
9. calmoo ◴[] No.44289624{3}[source]
Still accurate though
10. glommer ◴[] No.44289640[source]
I am the one who hired Preston. Whatever he has done in the past, I have all the evidence in the world in front of me to assure me that he has a transformed heart. It is not a common thing to see, but here the fruits are clear.

We are happy to have him with us.

replies(6): >>44289750 #>>44289768 #>>44289808 #>>44289831 #>>44290037 #>>44290064 #
11. abxyz ◴[] No.44289660[source]
> ...in America he's innocent until proven guilty...

...in a court of law. Innocent until proven guilty doesn't extend to internet comments.

replies(1): >>44289686 #
12. dgb23 ◴[] No.44289665[source]
I don't know what to make of this document and claim, is that a report, an actual conviction? I don't understand it. It definitely sounds horrible in any case.

However, the point of a program of hiring or educating people who are in prison isn't to judge them. They are already in prison. 10years is a long time, so it's likely they did something bad and have been judged for it.

This is to give people who are capable and willing a chance to grow and integrate. From the little knowledge I have about this, it seems like this is very effective.

replies(1): >>44289729 #
13. foldr ◴[] No.44289668[source]
We're allowed to form judgments about people based on evidence that wouldn't be sufficient to convict them of a crime. The consequences of me forming the opinion that this guy is a domestic abuser are far lower than the consequences of a court doing so. And of course, even courts use a much lower evidential standard than 'innocent until proven guilty' when deciding civil cases. Making a derogatory comment about someone on the internet is much more analogous to a civil court finding against the plaintiff than it is to a criminal court giving someone a jail sentence.

In any case, HN is very selective about this high evidential standard. People will make a lot of effort to give probable domestic abusers the benefit of the doubt, but pick one of HN's official enemies and suddenly any little scrap of evidence is considered quite sufficient!

replies(2): >>44289722 #>>44289840 #
14. myrmidon ◴[] No.44289671[source]
Where is OP not being truthful?

You assert that there was domestic violence unrelated to drugs, but you present no evidence for this, and substance abuse is strongly correlated with domestic violence.

15. dylan604 ◴[] No.44289684{4}[source]
There's also a difference of being guilty of doing something but never having charges brought against you. Many times in domestic violence cases we see the victim not press charges. It doesn't mean the victim was not the recipient of violence.
replies(1): >>44289728 #
16. qualeed ◴[] No.44289686{3}[source]
>Innocent until proven guilty doesn't extend to internet comments.

That's not a good thing.

Edit: I cannot really believe that this, of all comments, is controversial. Living life treating everyone as guilty until they prove themselves innocent is... just shitty, let alone exhausting. Do people forget about how many times reddit and other ruined innocent people's lives?

Sometimes HN amazes me with new technology, interesting conversations, etc. Sometimes it amazes me when people are arguing that we should go through life treating people as guilty first, until they are proven innocent. I think I'll go back to not participating for awhile.

replies(6): >>44289712 #>>44289825 #>>44289963 #>>44290003 #>>44290074 #>>44293296 #
17. oersted ◴[] No.44289695[source]
Not an ordinary possession charge either, sounds serious!

> 15 to 30 years in prison for possessing a synthetic drug with the intent to distribute it

> like many synthetic opioids, the exact effects of U-47700 are little understood and a small amount could be fatal

> charged with possessing carfentanil, a powerful synthetic drug much more powerful then fentanyl

replies(1): >>44290165 #
18. abxyz ◴[] No.44289712{4}[source]
Yes, it is. The courts are flawed, the courts get things wrong all the time. Many innocent people are found guilty. If we must apply the legal standard to internet comments, must we condemn people we believe to be innocent? The legal standards exist for the system, not for people. Saying that the standard of "innocent until proven guilty" should apply outside of the legal system is lazy and avoiding making decisions for yourself about how you treat people.

People proven guilty are not necessarily guilty. People proven not guilty are not necessarily innocent. The legal standard exists because a system needs standards.

replies(3): >>44289741 #>>44289803 #>>44289847 #
19. catigula ◴[] No.44289722{3}[source]
I agree with this sentiment but I'm also willing to explore/consider the possibility that "innocent until proven guilty" isn't strictly only useful as an esoteric legal construct, but a philosophy that could potentially have applicability to an individual's worldview.

That being said I wouldn't have much patience for a "merely" accused murderer or child predator in my personal life, just as I also don't have much patience for a doctor who refuses to prescribe me antibiotics because the chance they could help me is "only" 1%. I don't really care that it's socially irresponsible when it comes to my personal assessment of risk.

replies(1): >>44289805 #
20. qualeed ◴[] No.44289728{5}[source]
Whatever speculations you want to make, the person was not convicted of assault.

It's not the place of random hacker news commenters to try to and hold assault against him because you think, after reading 2 minutes about the case, that he should have been convicted.

replies(1): >>44290349 #
21. semiquaver ◴[] No.44289729[source]
It’s a judicial opinion denying his appeal. The facts listed are findings from the trial court where he was convicted on drug charges.
22. qualeed ◴[] No.44289741{5}[source]
>The courts are flawed, the courts get things wrong all the time.

Is your assertion that random internet commenters get it right more than the courts...?

>"innocent until proven guilty" should apply outside of the legal system is lazy

How is guilty until proven innocent less "lazy"?

replies(1): >>44289789 #
23. abxyz ◴[] No.44289750[source]
If you're going to extend kindness to Preston then perhaps a little kindness towards others wouldn't go a miss either. Preston isn't rare, the prison system is filled with normal kind hearted people who were unfortunate in life and things went awry. Everyone deserves a chance, not just someone who can provide economic value to you.
replies(2): >>44289801 #>>44290255 #
24. diggan ◴[] No.44289764{3}[source]
Which doesn't seem to be wrong? At least from the linked document, he went to prison for non-violent drug crimes, unless I misunderstand what the document says?
25. giraffe_lady ◴[] No.44289768[source]
So you've spoken to the wife?
replies(3): >>44289823 #>>44290253 #>>44290452 #
26. UncleEntity ◴[] No.44289778[source]
There was evidence of an exigency which lead to a warrentless search of his apartment.
27. abxyz ◴[] No.44289789{6}[source]
My assertion is that "innocent until proven guilty" is a legal standard that applies to the courts because a system needs standards. People have the luxury of being able to use their judgement. My assertion is that choosing to defer to a legal standard (not proven guilty therefore innocent) is choosing to opt-out of your wonderful human ability to form a judgement based on a lot more than just one single data point.

The person you love comes to you and tells you that they've been attacked by your shady friend. Do you defend your friend from the accusation because "they're innocent until proven guilty" or do you use your judgement and decide that the person you love is telling the truth because you have a lifetime of trust in them?

28. ChrisMarshallNY ◴[] No.44289793[source]
In my experience "drug-related" can definitely include serious violent crimes (some that can result in execution, or life without parole). Through my extracurricular work, I personally know a lot of drug offenders, and breaking their spouse's arm easily fits. I also know women that have drained their husband's retirement, people that have snorted their kids' college funds, mothers that have pimped their kids, and other stuff that would have a lot of folks horrified.

There's a reason people don't like drug addicts, and there's a pretty significant portion of the population that wants them all dead (except for my little Muffy, who was corrupted by her boyfriend, of course).

The Second Chance stuff is important. Surprisingly enough, Jaime Dimon is a big supporter of it[0].

I wish this chap well. The proof will come, when he leaves the structure of prison.

[0] https://www.jpmorganchase.com/impact/careers-and-skills/seco...

replies(1): >>44289957 #
29. kelstar18 ◴[] No.44289801{3}[source]
Showing compassion to one person doesn’t deserve criticism for not saving everyone.
replies(2): >>44289819 #>>44289982 #
30. tonyhart7 ◴[] No.44289803{5}[source]
"People proven guilty are not necessarily guilty. People proven not guilty are not necessarily innocent. The legal standard exists because a system needs standards."

so you saying that court is useless because its not perfet???? its easy to complaint about something but give NOTHING to improve it

You would not do better than people in charge because EASY to say something is wrong but you dont have ANSWER that improve this current standards

replies(1): >>44289868 #
31. nilamo ◴[] No.44289805{4}[source]
I agree that it is nice to keep in mind as a general philosophy, however I also think it's important to keep in mind that the people who originally wrote "innocent until proven guilty" were all treasonous sepratists, and their philosophy may or may not always align with my own.
replies(2): >>44289864 #>>44290749 #
32. svennidal ◴[] No.44289808[source]
If there wouldn’t be chances after transforming, there wouldn’t be any reason to transform.

Thank you for making society a better place.

33. FuriouslyAdrift ◴[] No.44289818[source]
"Prosecutors said Thorpe was on parole for other drug convictions when he was arrested last year and also had two suspended sentences for drug offenses over his head."

https://www.wmur.com/article/man-facing-carfentanil-charge-r...

34. abxyz ◴[] No.44289819{4}[source]
I'm responding to the claim that it's uncommon for someone in prison to have a good heart.
replies(1): >>44289881 #
35. ◴[] No.44289823{3}[source]
36. eru ◴[] No.44289825{4}[source]
Why? Different fora have different standards of proof. For example, in civil cases (even in America) the standard of proof is 'preponderance of evidence', not 'innocent until proven guilty'.

Why should internet comments follow criminal law, and not eg civil law, or some other standard?

replies(2): >>44289890 #>>44289925 #
37. pharrington ◴[] No.44289828[source]
"Innocent until proven guilty" is only for the justice system. You are deliberately avoiding the fact that the entire reason the cops showed up was to respond to a domestic violence call. People do not need an entire court trial to determine that the woman's arm was swollen and her face was bruised because her partner hit her.
38. ilc ◴[] No.44289831[source]
Good man. I've worked with a man who did time. I never knew until he told me, and once he did, I didn't give a rats ass.

I knew the person, and whatever was done in the past. Is the past. He's done his time. It is not mine to add penalties over what the state imposed.

39. eru ◴[] No.44289840{3}[source]
Yes, different fora have different standards of evidence. That's only normal.

Civil cases are probably the best (counter) example to bring up, because they also involve a judge and lawyers etc.

40. namenotrequired ◴[] No.44289842[source]
He’s not just saying he was locked up due to drugs. He’s saying that “all” his “poor decisions and lifestyle choices” in his twenties were related to drugs.
replies(1): >>44290168 #
41. awongh ◴[] No.44289845[source]
I feel ok that there's a distinction between legal rulings and other circumstances of the case that I as an internet person can use my judgement to understand.

Just because someone is guilty or not doesn't separate other facts of the case.

In an extreme example: I'm ok with the court letting someone off who murdered someone, because the police didn't follow proper procedure wrt evidence/confessions/witness testimony. Our legal system should be held to the highest standard when convicting someone of a crime. That doesn't stop me from believing that the defendant actually did the crime or not.

replies(2): >>44289974 #>>44290111 #
42. UncleEntity ◴[] No.44289847{5}[source]
> Saying that the standard of "innocent until proven guilty" should apply outside of the legal system is lazy and avoiding making decisions for yourself about how you treat people.

Then how do you explain laws against slander and libel?

You can't label someone guilty of a crime just because you feel it to be true.

43. eru ◴[] No.44289864{5}[source]
Yes, violent insurrection against the lawful authority of the Crown is no laughing matter. (And many of them were slaveowners, so they did not have moral authority neither by the standards of their day nor by ours.)
replies(1): >>44290007 #
44. giztu ◴[] No.44289867[source]
Oh that's disappointing. I take back what I said in my other comment then, about him being open and honest. Thought he might have been one of the relatively decent ones. Seems not.
replies(1): >>44290162 #
45. abxyz ◴[] No.44289868{6}[source]
I'm saying that the judgement of a court is useless when making a personal judgement because what a court sets out to do is different to what a human sets out to do. The court system is a collection of complicated and convoluted standards and rules and regulations designed specifically to support a system responsible for depriving people of their rights. A court judgement is not "better" than a human judgement, quite the opposite, a court judgement is often worse, because court judgements are formed without access to all information. A jury for example will often have very important information withheld from them because it doesn't satisfy some esoteric court standard. A person would use that information to form a judgement.
replies(1): >>44293545 #
46. busterarm ◴[] No.44289869[source]
That's not what your report says. Your report says there's evidence she may have been beaten and that her arm may have been broken. There's a likelihood of both and that he did it but there's no evidence in that report that he did it.

There is no actual confirmation in that document that her arm was broken, just that that was what was reported to the officer and that it was injured/swolen.

You're free to say "allegedly", just like the standards the media has to go by.

47. kelstar18 ◴[] No.44289881{5}[source]
Purporting that to be a "claim" would be - in my opinion - an incredibly disingenuous reading of the poster's comment. Remember the HN commenting guidelines: "Assume good faith."
replies(1): >>44289899 #
48. qualeed ◴[] No.44289890{5}[source]
The options are you assume people are innocent unless proven guilty, or guilty unless proven innocent.

Going through life treating everyone as guilty until proven innocent sounds like an exhausting and negative way to treat everyone, and harms more people overall.

replies(1): >>44289956 #
49. abxyz ◴[] No.44289899{6}[source]
That is the good faith reading. The comment isn't open to interpretation. What could the meaning be if not that Preston is an uncommon example of a prisoner?
replies(1): >>44289981 #
50. segmondy ◴[] No.44289920[source]
The jealousy must be strong, does it really hurt that much that someone in the prison system reformed their life and is probably doing better than you for you to create a new account and try to drag them down? I don't know what hurt you are going through, but you can definitely do better if you are willing to be more positive in life.
51. busterarm ◴[] No.44289925{5}[source]
Because the report only contains statements of fact related to the police report and the police interaction.

There's no actual confirmation in that report that her arm was actually broken or that she was actually beaten. There's no medical examination that happened here that is cited.

That would still be required in a civil trial with preponderance of evidence. What if she was on drugs and did it to herself? (Not saying that's what happened). We don't know what happened from this document and that has nothing to do with this charge or his appeal.

52. burkaman ◴[] No.44289956{6}[source]
Those are not the only options, those are the two extremes of a spectrum. Most people fall in the middle with something like "assume people are innocent unless you see convincing evidence of guilt". This is a reasonable philosophy unless you have power over someone, in which case proof is much more important.
replies(1): >>44289966 #
53. fakedang ◴[] No.44289957[source]
https://secondchancebusinesscoalition.org/

Lists other companies which are part of the coalition.

replies(1): >>44290068 #
54. camjw ◴[] No.44289963{4}[source]
The point is that people should be able to use their own judgement on a wide variety of issues and not be forced to delegate their decision making power to the courts/third parties.

There's a difference between "we want to lock this person up and take away their liberty, so we should be basically certain" versus "look man he's been done for drugs and she ended up with a broken arm, I don't trust this person".

replies(1): >>44289973 #
55. qualeed ◴[] No.44289966{7}[source]
>"assume people are innocent unless you see convincing evidence of guilt".

So... base assumption is innocent.

That's all I was saying.

replies(2): >>44290293 #>>44290922 #
56. qualeed ◴[] No.44289973{5}[source]
>not be forced to delegate their decision making power to the courts/third parties.

That's not close to what I was saying, and I don't know how people are interpreting it this way.

replies(1): >>44290294 #
57. myrmidon ◴[] No.44289974{3}[source]
Sure, but bjorkandkd unpromptedly accused Preston of being a liar, which is just incorrect as far as I can tell.

Everyone is of course free to make up their own mind, but when making public accusations I would at least expect an honest effort to keep those accusations factually correct.

58. kelstar18 ◴[] No.44289981{7}[source]
If you don't believe that language is open to interpretation I'm not sure there is anything more to be gained from this dialog. Have a good day.
59. ◴[] No.44289982{4}[source]
60. prh8 ◴[] No.44290003{4}[source]
unfortunately the average quality of thought process of hn when it comes to life and common sense is the opposite of its technical knowledge
61. catigula ◴[] No.44290007{6}[source]
It's ambiguous. The concept of slavery being bad was quite novel and mostly comes from English philosophy/legal theory which America has a direct lineage from.
replies(1): >>44290282 #
62. bastawhiz ◴[] No.44290017[source]
Indeed. I quickly searched and found this article:

https://archive.is/yiiBF

The original link does not say that the girlfriend reported the broken arm to the police. The police were called by her mother, who made the allegation against Thorpe. The article above says:

> According to [Thorpe's lawyer]’s appeal, Abogast told police she had fallen three days before Thorpe’s arrest and doctors at Elliot Hospital said her arm was broken in three places.

The original link says that she had scars and scabbing on her face, but this link says that Thorpe also had scars and scabbing, which the police noted in their report as consistent with drug abuse.

I'm not one to disbelieve women when they report abuse. In this case, the alleged victim didn't report any abuse, a third party who was not witness to any alleged crimes did. It's also very unusual to have your arm broken in three places, call your mom to say what happened, and then not seek any kind of treatment. I feel sad for everyone involved, because it's clear to me at least that the drug issues were the crux of the matter (which is corroborated by the actions and findings of the state). Without a statement from the girlfriend or a finding by the state, any suggestion of domestic abuse is unwarranted speculation.

63. busterarm ◴[] No.44290037[source]
Thank you for having a strong constitution here.

It's obvious from the comments in the thread that the internet hate mob still wants its pound of flesh and for Preston to be judged for life regardless of current circumstances.

They don't realize how damaging their posts are to people who have done wrong in the past and want to change their lives. Once again I am ashamed to be part of the Hacker News community, but thank you for your fairness and goodheartedness.

64. b3lvedere ◴[] No.44290064[source]
Thank you for giving the man a chance.
65. ChrisMarshallNY ◴[] No.44290068{3}[source]
Thanks!

Some surprise me, others, don't.

replies(1): >>44290297 #
66. Hamuko ◴[] No.44290074{4}[source]
>Living life treating everyone as guilty until they prove themselves innocent is... just shitty

There's no scenario here where this guy is innocent. The distinction here is whether he's a wife-beating drug dealer or just a drug dealer. There's some evidence to suggest the former but not really enough that you can definitely state it.

Personally, I'd give a convicted drug dealer less benefit of the doubt than the average person.

replies(1): >>44290115 #
67. bastawhiz ◴[] No.44290111{3}[source]
There was no crime reported by the girlfriend. The allegation of abuse was made by the girlfriend's mother, who was not present. As far as I can tell, there were no charges of assault or battery, even after the police interviewed the girlfriend for their report. There's really no basis for forming any kind of judgement here, legal or otherwise.
68. qualeed ◴[] No.44290115{5}[source]
>There's no scenario here where this guy is innocent.

The conservation expanded past this specific case when we started talking generally about internet comments.

69. esseph ◴[] No.44290162[source]
So now you're openly condemning a person that you've never met about things you don't really know about other than just some random comments on an internet forum.

For fucks sake, have some human decency. If your name was the one involved, how would something like this make you feel?

70. pookha ◴[] No.44290165{3}[source]
I'd like to see him get life in prison with no chance at parole. He's responsible for at least three deaths (probably more) but because he's proficient at social engineering and feeding people lines he's weaseled his way into the tech industry (from prison!). Over 78k people died in 2023 of fentanyl alone and this twerp was trafficking a substance far more lethal, he literally left a trail of bodies in his wake.

https://www.wbay.com/content/news/New-Hampshire-man-suspecte...

replies(2): >>44290604 #>>44290772 #
71. mkoubaa ◴[] No.44290168{3}[source]
It's not that wild to notice the connection between drug use and domestic abuse.
replies(1): >>44290499 #
72. ty6853 ◴[] No.44290253{3}[source]
The vast vast majority of DV complaints are unsubstantiated, so speaking to the wife is generally a poor predictor of whether the presumption of innocence will be overcome.
replies(2): >>44290427 #>>44290798 #
73. glommer ◴[] No.44290255{3}[source]
You seem like a very bitter person trying to find issues where there are none.
replies(1): >>44290910 #
74. eru ◴[] No.44290282{7}[source]
The German immigrants rejected slavery a lot more vigorously than the English who had been there for a bit longer.
replies(1): >>44290290 #
75. catigula ◴[] No.44290290{8}[source]
Interesting if true. Regardless, I'd just expand the general net to a European philosophical lineage.
76. eru ◴[] No.44290293{8}[source]
No. Base assumption doesn't have to be binary.

Just get some background rates, and assume that people are guilty with eg 0.1% probability. (Just a made a up number. Real priors should depend on a lot more context.)

77. camjw ◴[] No.44290294{6}[source]
That is the point of saying "innocent until proven guilty"? Who does the proving? How can it not be interpreted in this way?
78. fakedang ◴[] No.44290297{4}[source]
Yes, places like Koch Industries, heck even JP Morgan. General rule in most countries is that if you're a bank, you can't hire ex-convicts (for the lack of a better word).
79. dylan604 ◴[] No.44290349{6}[source]
I never said anything about this specific case. Everything I said was generic differences between actually doing something and not having charges brought vs given the presumption of innocence while defense against charges.
80. ThinkBeat ◴[] No.44290361[source]
The most common reason violent offenders escape charges or conviction or domestic abuse is that the victim(s) are too afraid to press charges, and/or they feel guilty about it happening or even the feeling that they brought it on themselves and deserved it.

This then combined with the fact that the abuser is going to jail for on unrelated convictions. This is a huge relief to any abuse survivor. The person is going away, and I will be safe.

The other component is all the steps involved with filing charges which will often feel invasive and have to bring it all up again.

I have seen this up close and personal on a few occasions, I have begged the victim to go to the police but they would not do it.

The worst outcome of this is when the abuser is let out, the abuser may seek out the victim again, or the abuser will find new victims.

In this case the police had a call from a close family member accusing the person of domestic abuse. They had suspicious behavior from the accused person. They also witnessed that the possible victim had multiple injuries consistent with domestic abuse. As well as the arm injury the call from the family member had initially reported. But probably no charges or at least no convictions.

81. pookha ◴[] No.44290388{3}[source]
Him claiming he's in prison for non-violent crimes (like he's your local herb dealer) takes gumption...Authorities linked his Carfentanil escapades to several deaths.
replies(1): >>44290643 #
82. BryantD ◴[] No.44290427{4}[source]
Cites, please? A quick skim of the literature doesn't support this and I'm dubious, but I'm willing to be proven wrong.
replies(1): >>44290541 #
83. glommer ◴[] No.44290452{3}[source]
If you are asking me if I spoke to whoever before hiring Preston... why would I? Whatever he did wrong in the past, he had 10 years to atone for it.
replies(1): >>44290567 #
84. onion2k ◴[] No.44290499{4}[source]
In a generalized sense, sure. There's both a strong correlation and a proven causation that drugs and domestic abuse go hand in hand across the prison population.

However, on any individual case the same is not true, because that moves from talking about averages and general cases into specifics, and the burden of proof changes significantly. While there is a connection on average, that isn't enough to say any specific drug abuser commits domestic abuse. For that, ideally, you need criminal charges proven in court. That's missing here.

replies(1): >>44292831 #
85. ty6853 ◴[] No.44290541{5}[source]
Here's an example in connecticut[].

DV applications: ~8800

DV ex parte granted (no chance for defendant to defend him(her)self): ~5100

DV final order granted after defendant able to defend him(her)self): ~3200

So for example in CT on just a civil standard, only 2/3 of the accusers were able to get even a temporary order when the defendant had zero chance to tell their side of the story. Once the defendant was able to come to court and defend themselves, only about 1/3 of them made it to a final order. And that was by the much weaker civil rather than criminal standard.

[] https://docs.google.com/spreadsheets/d/1tYBTsF7-px-3lCnBFOol...

replies(2): >>44290742 #>>44292792 #
86. giraffe_lady ◴[] No.44290567{4}[source]
I just presumed "all the evidence in the world" was a little more expansive I guess.
replies(1): >>44290666 #
87. djrj477dhsnv ◴[] No.44290604{4}[source]
While tragic, those people (or at least the vast majority) weren't forced to use drugs. They made that decision and faced the consequences. Shifting the blame for their poor decisions onto the drug dealer is unwarranted imo.
replies(3): >>44290842 #>>44290863 #>>44291814 #
88. djrj477dhsnv ◴[] No.44290643{4}[source]
Indirectly causing a death doesn't make a crime violent. A doctor guilty of fatal negligence isn't a violent criminal either.
89. glommer ◴[] No.44290666{5}[source]
speaking to whoever Preston wronged in the past would give me information about whatever he did 10 years ago.

He has had more than enough time to pay for all of it, and he clearly has a transformed heart.

90. BryantD ◴[] No.44290742{6}[source]
Sincere thanks!

Some notes: in Connecticut, restraining orders can be granted for a variety of reasons, not restricted to domestic violence alone. Fairly close correlation but it does include, for example, stalking.

It seems unwise to assume that restraining orders alone represent the entire count of domestic violence complaints that reach the legal system. For example, surely domestic violence arrests should be counted? Which seem to be a much higher count than restraining order applications -- 24,850 DV arrests in 2011 vs. 9033 DV applications. I'm not sure how to count the 32,111 "Family Violence Protective Orders" in 2011; are they the result of arrests? Are they yet another possible outcome of law enforcement involvement, separate from either a requested restraining order or an arrest?

There are way more reasons a restraining order might not make it to a final order besides "the requestor was proven wrong." I'd want more detailed data here before reaching a conclusion. Otherwise, this assumes that failure to grant a restraining order proves lack of DV. I am not sure that it would change the percentages you've shown significantly -- we're all aware of cases where restraining orders weren't granted with very bad results, but there's always a tendency to report on the most clickbaity outcomes. Still, worth digging into that one a bit more.

Again, appreciate the cite.

replies(1): >>44292136 #
91. foldr ◴[] No.44290749{5}[source]
Not sure if that's supposed to be a reference to the Founding Fathers, but it's erroneous if so. The presumption of innocence long predates the American Revolution.
92. glommer ◴[] No.44290772{4}[source]
Yes, I believe Preston is responsible for those deaths. He paid for them for 10 years, and will still be met with the judgement of the Lord when his time comes.

But he will also be met with His mercy, and I am happy to extend him some mercy for his repentance here on Earth before his day comes.

replies(1): >>44294304 #
93. qingcharles ◴[] No.44290798{4}[source]
DV is a very complex legal minefield. I have years of working with defendants. I would say that a majority of DV complaints are valid in some way, and that many times the DV goes both ways (but it's rarer for the woman to get charged, even if the instigator).

The biggest issue is that once the perpetrator is removed and/or charged the victim often petitions the prosecutor and police to drop the charges. The prosecutors I know will generally not do this and will push for a guilty plea or trial. It's hard for the prosecutor to know whether the victim is being manipulated into asking for the charges to be dropped, and regardless, a crime has probably been committed, and in the justice system the plaintiff is the state, not the person who was battered. This can lead to a stand-off where the victim refuses to come to trial to testify, and where the prosecutor has a Hobson's Choice of whether to arrest the victim and jail them until trial to get them on the stand or let the case drop.

DV cases are hard.

replies(1): >>44291785 #
94. oersted ◴[] No.44290842{5}[source]
I agree it’s not black and white, but let’s be reasonable. When you sell to an addict the drug they crave, knowing full well that they will take it, and you switch it with deadly poison, just because it’s cheaper? I mean, it is hard to argue that it is not an act of both fraud and premeditated murder, at the very least gross negligence. Is the addict responsible for the risk they were obviously taking? Well sure, not that they have much of a choice at that point, but there’s always a choice, and mostly they got themselves into that situation, and they are committing a crime too. Still that doesn’t take much blame away from the dealer.

It’s like saying: it’s your fault that you got shot for being in the wrong neighborhood at night. Were they knowingly taking a risk? Sure, but the murderer is still a murderer.

And we long got rid of the concept of “outlaw” where if you commit a crime any subsequent crime on you is fair game. That’s rather barbaric.

EDIT: I was assuming that it is obvious that no one takes such synthetic opioids on purpose. They are known not to be much fun and very dangerous. They are mostly used as a cheap filler in other more mainstream drugs, most notably in fake branded prescription drugs.

replies(1): >>44291227 #
95. hollerith ◴[] No.44290863{5}[source]
If someone breaks the law by jaywalking, and a driver of a car runs him over when he could have avoiding hitting him (by braking) is it likewise unwarranted to shift the blame for the poor decisions of the jaywalker onto the driver?

If not, what is the reason you decide the two situations differently?

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96. abxyz ◴[] No.44290910{4}[source]
You could have said this:

"I am the one who hired Preston. Whatever he has done in the past, I have all the evidence in the world in front of me to assure me that he has a transformed heart."

Instead, you had to drag down others, the people who you haven't blessed with your benevolence.

"It is not a common thing to see."

You are being praised for showing kindness to one of us (a nerd, a programmer) while disparaging the others. You can show kindness to Preston without condemning the others. Ask ChatGPT to explain exceptionalism to you if you still do not understand. Every person in prison is a person who can change given the opportunity.

Preston isn't uncommon, Preston isn't rare or exceptional, Preston is the average prisoner: someone who, when given an opportunity, has been able to reform. You can celebrate Preston without disparaging his less fortunate cellmates.

The only rare thing here is that he was given an opportunity (and for that you should be praised).

replies(1): >>44292232 #
97. burkaman ◴[] No.44290922{8}[source]
Ok, I think you may have misinterpreted some other comments then. The argument was that "proven" in "innocent until proven guilt" is too high a bar for a low-stakes internet discussion.
98. djrj477dhsnv ◴[] No.44291227{6}[source]
Agreed if the dealer is lying and selling something more dangerous than he is claiming to sell.
99. djrj477dhsnv ◴[] No.44291251{6}[source]
I don't think the analogy holds. A drug user wants to buy from the dealer. The dealer is providing a service that the drug user can voluntarily turn down.

I don't see how that's similar to a driver running into a jaywalker. Just because he's jaywalking doesn't mean he wants a driver to hit him.

100. tptacek ◴[] No.44291298{6}[source]
In the law, the jaywalker and the driver will share responsibility. If you knowingly sell carfentanil, the mechanism by which the law apportions blame onto the "victim" won't exist: there is no set plausible of circumstances in which you could reasonably believe it was OK to sell someone carfentanil, where in the jaywalking case there are dueling factors of pedestrial negligence and driver duty of care.
101. ty6853 ◴[] No.44291785{5}[source]
Some say that prosecutors in your jurisdiction are so reluctant to drop charges, that they may keep a man in jail for nearly a decade without trial, isn't that right 'years of working with defendants' jailhouse lawyer charles? I hope someday you receive compensation for this tyranny that was imposed upon you.
102. pookha ◴[] No.44291814{5}[source]
The Russians tried using a carfentanil aerosol to sedate hostages and it killed over 120 people. It's 100x more potent than fentanyl and 10,000 times more potent than morphine. He put the lives of god knows how many people at risk and could have easily cross contaminated the weed we also know he was dealing (probably to kids). And peer-pressure is an immense force, even with adults (https://news.utdallas.edu/health-medicine/peer-pressure-adul...). If he had the humility and self-reflection to post that his actions were ruthless and killed people than I'd be feel better about his mindset, but his insistence on being classified as a (non-violent) drug offender is clearly an attempt on his part to manipulate.
replies(1): >>44292157 #
103. ty6853 ◴[] No.44292136{7}[source]
Yes I'm sure we could keep digging up more. I've been down this rabbit hole before so I know how it always ends: I provide a data driven take backed by source after source which ends in endless nitpicking and scrutiny and rejection of the sources, meanwhile unsourced hot takes go completely unchallenged without the demand sources, as seen in your sister comment.

This is the key of this two-pronged approach, one commenter can bury the data driven comment in source rejection (without being beheld to prove a counter point, since the asserter has the burden of proof) while the sister comment can drive the more approved comment unchallenged. Of course we really know, in many cases, the two separate commenters are advancing the same line of opinion, but using this split strategy both are compartmentalized in their burdens.

Although, the truth is, the scrutinizer is rarely offering counter sources of their own, which they of course are under no obligation to provide. But barring that, we're left at worst with "I don't know" which is a terrible standard under which to assume the word of the wife is predictive of guilt, thus even if all the sources are rejected you leave from a practical perspective no off no better than you started in predictive guilt.

replies(1): >>44297647 #
104. ◴[] No.44292157{6}[source]
105. ◴[] No.44292232{5}[source]
106. fwip ◴[] No.44292792{6}[source]
Note that it's not trivial to demonstrate that a restraining order is necessary, even in cases where domestic violence has occurred and has a reasonable risk of recurring.

I understand that you're simply using this as a proxy for the actual unknowable data, but I think it's worth pointing out that the map is not the territory.

replies(1): >>44299886 #
107. mkoubaa ◴[] No.44292831{5}[source]
Right, but the individual in question could rightly find the causal change in their own behavior.
108. armchairhacker ◴[] No.44293296{4}[source]
On one hand, I agree that internet comments tend to judge people unfairly, and “treating people as guilty first” probably leads to an unhealthy society (considered “unhealthy” by its own members).

On the other hand, GP is objectively right ("innocent until proven guilty doesn't extend to internet comments"). I also think that it’s better for random people to be able to post their terrible judgements than any feasible alternative, because such an alternative probably leads to good judgements also censored. We can mitigate (not eliminate) bad judgements, e.g. by educating people better and shaming those who shame others more; and we can minimize mob justice’s effect on critical government functions like welfare and prison sentencing, e.g. by running them on mostly objective procedures and with staff who aren’t influenced by mob opinion.

Targeted harassment and doxxing (and swatting, getting people fired/divorced/ruined when they don’t deserve to be, etc.) is different (and to be clear, IMO very bad). People posting opinions in a way that the target can block (which they can usually do with blocklists and word filters) is fine. The main point I’m trying to make is: if opinions in random internet comments lead to targeted harassment and real-world consequences even when the opinions are “bad” (e.g. bigoted, hypocritical), it's less effective to try and prevent the internet comments' existence, than to reduce the factors causing them to influence the real world and create factors preventing influence.

109. tonyhart7 ◴[] No.44293545{7}[source]
this is dunning kruger effect
110. tomhow ◴[] No.44295810{6}[source]
You can't comment like this on Hacker News, no matter what you're replying to.

https://news.ycombinator.com/newsguidelines.html

111. BryantD ◴[] No.44297647{8}[source]
Oh, I have no interest in going around and around about it -- that's not a good use of anyone's time. I think it's a somewhat understudied field, and was legitimately interested in your cites. Your material is way better than surveys about how many people feel like they've been falsely accused; relying on self-reporting like that is clearly flawed.

I also, for what it's worth, think that "did you talk to the wife" is too high a standard in this case. For one thing, the wife didn't bring a complaint, as I understand it.

replies(1): >>44299826 #
112. ty6853 ◴[] No.44299826{9}[source]
My hot take is the majority of complaints made by people who otherwise had planned on staying together are probably valid.

The divorce industry and divorce lawyers request these orders like candy, as leverage for proceedings and to take away custody briefly during the temporary order while the custody hearing is going on so that during custody hearings it can be argued the child already is only with the mom or dad and they should get full custody. It also lets you eject the partner from the home without a legal eviction process, so they are at their weakest and homeless when fighting in court. They produce a massive number of weak DV claims, the point was never to take them final but to provide enough of a discontinuity in their life to crush them.

113. ty6853 ◴[] No.44299886{7}[source]
It is trivial in many states and jurisdictions to get a temporary order. One was obtained against David Lettermen just by a woman in a different state claiming he was sending her secret messages through the TV.

The final order is more difficult, but quite often (i.e. in divorce / custody court) the only goal was to evict them from the home and disrupt custody to get the upper hand in hearings, so temporary is all that's needed to do the job and then no need to actually defend the claim made 14+ days later when they're already homeless and with the baseline of out of the kid's life.

http://www.ejfi.org/PDF/Nestler_Letterman_TRO.pdf