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domain:forecasting.substack.com

I often edit my posts after writing them (a short while after, before anyone can read them). Sometimes I cancel the edit, or alter something else and leave a thought unfinished. On balance it wasn't a good line of argument and should've been deleted.

Sometimes it's the legislative branch assuming that a court should interpret this reasonably and then the court going all the way, other times it's just bad politics that makes bad law and then that ties the judges hands so they have to make bad decisions.

Some irony in me criticising others and failing to finish the very sentence where I bemoan, though my opinions on this thrice derived rationality forum don't matter at all.

I don't see the connection between 'being a person' and therefor automatically being inclined to give foreign rapists light sentences.

To me it doesn't seem reasonable or humane, just cowardly and sick. Being so wrapped up in and simultaneously so blind to ones own twisted moral intuition that it becomes practically impossible to differentiate between the person raping a 15 year old and the person calling them a pig is not 'normal'.

I think it would be a lot more pertinent for people like this to examine their state of mind and how it has managed to drive them towards results such as this. But it seems like we've managed to build an impervious wall that keeps people away from exploring the true extent of the problem and just what feeds these 'outgroup sycophants' to do what they do.

From your 2nd link

he did show “some response to younger females” in phallometric testing, but he agreed to take therapy in light of the finding

TIL.

We have discussed this before. As Scott writes when describing US sex taboos:

Acknowledging even the slightest attraction to anyone under 18 makes you a monster, but people who are just slightly older than 18 - even by one day - are called “barely legal” and feature especially prominently in sexual imagery.

Personally, I suspect that a majority of men are hard-wired to be attracted to any fertile-looking female. Some might be more into teen porn and some might be more into MILF porn, but very few will say that B cups or D cups are a hard no in the same way a beard and a cock are for most men.

So I do not think that measuring if the perp gets a boner from the average 15yo female is going to be very crucial information. If he has two brain cells to rub together, the next hooker he will hire will be of legal age. Who gives a fuck if it is a 19yo who could pass for 15 or if she is a 30yo MILF?

Personally, I also do not think that we should take all the information which affects re-offending probability into account. If the perp was sexually abused as a child, has a brother who is serving time, comes from a bad neighborhood, was raised by a single parent, has a father with a criminal record, is black, is unemployed, or is irreligious, that could all be statistical risk factors for re-offending.

But criminal sentencing is not only about preventing re-offending (even if harsher lower the risk of re-offending after release -- which may or may not be the case). It is also crucial for a stable society that it is seen as broadly fair. In fact, this very discussion is about a way in which it is unfair!

In my opinion, besides the specifics of the case, sentencing should only be based on prior convictions. Of course, the defense is free to argue that the accused has found god or is really into MILFs or whatever.

Also from your 2nd link:

At the top end, Canadian law requires that judges take immigration consequences into account in sentencing “provided that the sentence that is ultimately imposed is proportionate to the gravity of the offence and the degree of responsibility of the offender.” At no point did we explicitly legislate this: rather, in 2013, it was decided by the Supreme Court, in a judgment authored by now-Chief Justice Richard Wagner.

So the case with the 15yo sex worker sting was not an activist judge, but simply a judge applying the law as it is.

I certainly think that the SC ruling is bad. I mean, it is good that courts can take into account consequences outside of criminal law when determining what punishment is appropriate. If someone has spent a decade on the run in shitty conditions, or had his marriage or professional life destroyed by his deed, that might be factors to reduce their prison sentence compared to someone who experienced no negative feedback. If you know that the defendant will get deported after his sentence either way, you might shave off a year off the sentence (on the assumption that most citizen criminals would not take that trade).

However, doing this proactively -- to avoid issuing a prison sentence because it would have further unpleasant consequences -- seems silly. I mean, I can construct a case where the predictable consequences of a 90 day prison sentence are deportation to Afghanistan and getting beheaded by the Taliban, and I can see that a judge would be unwilling to sentence someone to their death for a minor crime. But this is not the case here. Staying in Canada as a permanent resident for another four years before getting his citizenship does not seem like undue harshness.

the value of a sex-offender-free workplace

Hard disagree here. If you really think that workplaces should not employ convicted sex offenders, are you then willing to pay them unemployment benefits for the rest of their lives? Or do you think they should just get the death penalty, or be forced to beg in the streets?

The idea of criminal rehabilitation requires people to find employment. After an offender has served their sentence, they should join the workforce again.

For professional licences, there are sometimes higher standards, because these come with a lot of additional responsibility. You do not want a habitual drug dealer as an officer of the court, or drunk driver as a doctor. Because of the privileges offered by such jobs, we want to filter for people who take laws extra serious, on the presumption that if they do not take general laws serious, they might also cut corners in professional regulations.

Yes, I'm quoting Chinese military news

There ARE ways to deal with bad judges in Canada. For instance we had a case where a judge asked a raped women why she didn’t simply shut her legs harder. Iirc the law society basically got him off the bench for that, a big No No. if we wanted the public could pressure similar measures, but we probably won’t. Canadians are addicted to being Nice but even moreso to being Not Like Americans. If America is deporting foreigner criminals., why, we’ll just NOT deport them and maybe even give them a reward for it too. See how not American we are? Such moral superiority is truly a reward on its own.

It is clearly, completely and permanently over for Canada. It’s interesting that there was a huge drama in Britain a few months ago over the possibility that certain kinds of sentencing impact reports (which were non-binding but could theoretically play on the emotions of a judge) would be granted automatically for non-whites, LGBT and women but not automatically for straight white men. The (Labour) government threatened to abolish the commission that determines this kind of thing and then forced them into repealing that guidance.

Meanwhile Canada has been officially and openly granting huge sentence reductions on the basis of race for years. The left just won another majority. Even the Canadian right is less anti-immigration than Keir Starmer. Canada’s constitutional system and political deadlock make major reform of human rights law that would allow for mass deportations (which would require packing the Supreme Court, which has rules about who can be elevated that limit it to the almost entirely progressive judiciary) effectively impossible.

Canada and Belgium are the two western countries that are furthest gone with regards to mass immigration, and the two for which I would argue recovery is categorically impossible1, without any likely or reasonably viable routes. Both share the misfortune of having developed as multi-national states with little shared loyalty or national character, making them perhaps uniquely incapable of articulating any kind of anti-immigration position. Maybe the numbers will wane a little, but nobody already there (now getting citizenship and permanent residency by the hundreds of thousands a year) is going home.

1 it is probably also over in The Netherlands, England and Wales, Ireland and Sweden. Weird and unpredictable things will happen in France, although I think hardcore republican assimilationism is more likely than remigration. I think the far right will come to power in Germany, Austria or both. Spain and Portugal will become Latin American countries with large African diasporas. The rest is harder to predict.