I think this is misunderstanding the problem. Imagine if someone came along and said that those civil engineer types like to screech about bridges that fall down but the reality is that a whole lot of bridge, with cut corners in the same ways, are standing just fine, you just don't hear about them because they are still standing.
Using a disastrous result to highlight bad incentives, policies, and procedures is the expected part of examining something. If we only ever look at the medians and averages, we are basically ignoring the downsides as they are, by nature, almost entirely going to happen on the fringes in freak circumstances.
Even ignoring that, do we know that all those median searches go just fine? Is there not a loud and vocal movement against the justice system's current methods under the umbrella of "the process is the punishment"? Do people enjoy interacting with the justice system as witness, suspect, or even jurist or is it usually avoided at all costs, as recommended by the very profession that interacts with it the most?
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I think this is misunderstanding the problem. Imagine if someone came along and said that those civil engineer types like to screech about bridges that fall down but the reality is that a whole lot of bridge, with cut corners in the same ways, are standing just fine, you just don't hear about them because they are still standing.
Using a disastrous result to highlight bad incentives, policies, and procedures is the expected part of examining something. If we only ever look at the medians and averages, we are basically ignoring the downsides as they are, by nature, almost entirely going to happen on the fringes in freak circumstances.
Even ignoring that, do we know that all those median searches go just fine? Is there not a loud and vocal movement against the justice system's current methods under the umbrella of "the process is the punishment"? Do people enjoy interacting with the justice system as witness, suspect, or even jurist or is it usually avoided at all costs, as recommended by the very profession that interacts with it the most?
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