awesomeClaw said:
Okay. Here´s the scenario:
There are eleven people. All of these people are being brought into court. They are accused of rape. If charged, they will face 10 years in prison and be marked for the rest of their lives. Ten of these people have commited the act of rape. However, one of them, is 100% innocent.
However, in order for the Ten guilty to be charged, the one innocent would also be charged.
If however, the innocent is not charged, the Ten will get away scott-free.
How much is an innocent worth?
Me? I´d let them all go. I value an innocent person very highly.
EDIT: I´ve just decided that there is a chance they will commit the crime again. If they do, they will be charged as normal. The innocent will have nothing to do with it.
If you see someone saying they won´t commit the crime again, please excuse them.
Charge them all. Being charged doesn't nessicarly mean they will be convicted. In a situation this unlikely the one innocent guy will probably be determined in the course of trial.
In this case your basically talking about letting 10 criminals go to avoid what amounts to an inconveinence. The whole purpose of a trial is to determine guilt or innocence, simply bringing charges is saying you have enough justified suspician to bring it before the legal system officially.
In the case of an actual trial and conviction, it's extremely unlikely in a criminal case that you would have to convict or "pardon" an entire group of people like this, and by the time you got to that point it's hard to believe you wouldn't know who did what exactly, since if you didn't have that kind of information the case probably would have gotten tossed out.
Remember that in the US you have the charges brought, this thing called an arraignment hearing where they are reviewed to ensure that there is enough here to justify the case actually going to trial, and then the actual trial. Simply having charges brought against someone doesn't mean they are guilty, just that you have enough suspician to pursue matters, even during the actual trial it's still "innocent until proven guilty".
Of course in some countries other than the USA there might be more "meaning" to having charges brought against someone, especially if it becomes the burden of the accused to prove their innocence rather the way things are in the USA's system.