• Snapz@lemmy.world
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    11 months ago

    The headline upsets me on its face, and without question fuck these traitorous cult members, but immediately I go to thoughts of “how much lighter?” and “how much does it compare to typical trials?”

    • EatATaco@lemm.ee
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      11 months ago

      Thank you for a level-headed critical thought about the article, rather than the rest of the trash in this comment section which is nearly universally just knee-jerk mindless outrage.

      That being said, I would be curious, like you, how this compares to typical trials.

      Also, as some allude to in the article, this is actually a good thing because it absolutely undercuts the maga cultist outrage that this is an out of control judiciary handing out excessive punishments to political prisoners. Not that the facts will get to them, but at least I have the facts to confirm it.

      • Lemminary@lemmy.world
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        11 months ago

        this is actually a good thing

        No, I don’t think it’s a good thing that traitors got less than they deserved just so we can push back on an argument that magats don’t care two shits about and will parrot on and on anyway.

        • EatATaco@lemm.ee
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          11 months ago

          Okay I can see that position, I just happen to disagree. I don’t see any benefit from them getting very strict sentences, and I see a potential benefits from the leniency. This is actually how I generally feel about the legal system tho. You probably come from the philosophy that it should be very punitive.

          • Psychodelic@lemmy.world
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            11 months ago

            I think many of us simply struggle with the legal system being extra “punitive” to black, brown, and occasionally poor white people while being the opposite to white criminals, especially of the not-poor variety.

            This is a well-reaearched academic legal theory known as critical race theory. It’s definitely worth looking up sometime.

            • EatATaco@lemm.ee
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              11 months ago

              Are you arguing that because the legal system is unjust to some people, we should cheer on more injustice? The fact that the system is biased against racial minorities, and what a failure that has been, is exactly why I think more lenient sentences make sense.

          • Lemminary@lemmy.world
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            11 months ago

            Yes, I do “come from the philosophy” that one should not attempt an insurrection because a lying orange man said so. I wouldn’t extrapolate beyond that, though.

        • SCB@lemmy.world
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          11 months ago

          No, I don’t think it’s a good thing that traitors got less than they deserved

          The vast majority of people on J6 were idiots in a mob situation, not traitors.

          As OP said, fuck all of them, but aggressive prosecution here is not the way you want the law to work, the same way there’s no gain for imprisoning everyone who acted out of pocket during the Floyd protests.

          You throw the book at the worst offenders, and you let people caught up in mob mentality off with a lesser sentence. That is justice working.

          • Lemminary@lemmy.world
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            11 months ago

            They were armed traitors looking to take control of the capitol in an organized way, cause the disruption of government, with the aim to capture and harm government officials. That’s literally the definition of a revolt against authority. It was done in their own stupid way but they tried it and failed because they were stupid. Aggressive prosecution is the precisely how you don’t let it happen again.

            during the Floyd protests

            Are you for real.

        • jj4211@lemmy.world
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          11 months ago

          I think it’s less about the frothing at the mouth folks that are too far gone to rationally evaluate any circumstance.

          It’s about every other person watching. It may sound ludicrous, but imagine if they had executed every last person that set foot in the capital building that day, and managed to do so within a few months of the incident. I think a lot of people might say “holy shit, they had a point, I thought they were crazy but that was an insane authoritarian response”.

          Different people have different thresholds for their tipping point for “government is overreacting and threatening free speech”, and from what I’ve seen in the cases I could find, I think they did a fairly good job of typical judicial results. Some of the key people responsible got years in prison. Random people who just followed the crowd without any evidence of committing assault or vandalism or intent to do those things (just trespassing and repeating seditious channts), and for whom this was a first offense, ok they might have gotten probation.

          Leniency is pretty common in the justice system under various circumstances, and this seems about the normal amount.

          • Psychodelic@lemmy.world
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            11 months ago

            You know there are black and brown people sentenced to life in prison for having been arrested for having cannabis on them, right? In what world do you think Americans care about the encroaching police state? Or is that not an authoritarian response, for some reason?

            It’s always nuts to see “certain” Americans struggle to see any of the melanin in their fellow countrymen’ skin or just blatantly ignore it.

            It’s obviously because they’re all fuckin White, dude. How are some Americans still so damn clueless?

          • Lemminary@lemmy.world
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            11 months ago

            I don’t think anybody in their right mind would call for an execution when the punishment doesn’t fit the crime. I don’t know where you got that idea. But more sensibly, people have gone to prison for longer for less and that’s what really makes no sense. You’re absolutely right, though, I do take an insurrection as seriously as we should.

      • ghostdoggtv@lemmy.world
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        11 months ago

        If the facts aren’t getting to them then how can you say this undercuts their outrage? They’re not going to moderate their extremism because you tell them the judges are actually going easy on them.

        • EatATaco@lemm.ee
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          11 months ago

          The election is going to hinge on people who are, amazingly, on the fence. The maga cultists are beyond reason at this point and are going to be convinced they are persecuted no matter what. But at least for those on the fence we have more to point to to say “look, their whining is unfounded.”

      • abraxas@sh.itjust.works
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        11 months ago

        I can’t be sure, but from what little I’ve seen of judges in action, I would guess substantially… but perhaps not for the reason we think.

        Yes lack of remorse is a major component to sentencing, but so are a few other things that I think work on 1/6 rioters’ favor. Likelihood to reoffend is arguably low because 1/6 was uniquely stupid. Being told by a US president to commit the crime is arguably somewhat mitigating (to the person, not to the president). These crimes were committed in what ostensibly could (should) have been a peaceful protest that got out of hand, so judges might question the severity of premeditation. All of these are typically valid reasons to lighten up sentencing. And then there’s a sadly invalid one that probably mattered - light-skinned people are sentenced lighter than dark-skinned ones, and most of the 1/6 protestors were white.

        In aggregate, there is value to going hard on all the traitors. Of individual offenders, it might be a more difficult place for a judge to sit, for both good and terrible reasons. But importantly, there’s a lot of argument that we’re not looking at judges that thought 1/6 was “perfectly fine”. Such a judge would more likely find an excuse to dismiss (with or without prejudice) if they think the case is moving towards prosecution. We have simply not seen a lot of that.

        • jj4211@lemmy.world
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          11 months ago

          In aggregate, there is value to going hard on all the traitors.

          I’ll generally agree with your stance, but here I’d say there’s also value in not going too hard on the traitors. There’s a balance.

          You go too hard (“fullest extent of the law”) and you may inspire some people to say “hmm, that seemed overboard, maybe they have a point about the government oppressing them after all”.

          From what I’ve seen, almost half of the cases got real prison time, and the rest got probation or house arrest. Cherry picking a few cases and I think it’s consistent with your expectation. A serial offender that helped organize and incited violence would generally get years in prison. Someone who just walked with the crowd as others actually did the initial breaking in, who did not seem to commit violence themselves, who did not steal or vandalize anything, for whom this is a first offense, that seemed genuinely sorry or at least afraid of what they had done, that is the sort of person that got probation. As much as folks might find their cause unjust and their actions unreasonable, I think if we calm down and take a breath that we can agree that the circumstances just make sense for probation for some of those folks.

        • EatATaco@lemm.ee
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          11 months ago

          I can’t be sure, but from what little I’ve seen of judges in action, I would guess substantially… but perhaps not for the reason we think.

          Can I ask what this is all based on?

          • abraxas@sh.itjust.works
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            11 months ago

            One part a family obsession with streaming court recordings. The other part things I’d rather not answer.

            • EatATaco@lemm.ee
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              11 months ago

              Just being honest here, but I know nothing about you or your family, so I have no reason to take your claims at face value. This empty answer just leads me to believe it’s based on a gut feeling rather than any objective, educated analysis.

              I don’t mean it as an attack, just expressing how it should be interpreted by an objective, rational observer.

              • abraxas@sh.itjust.works
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                11 months ago

                Just being honest here, I don’t care what you think.

                This empty answer just leads me to believe it’s based on a gut feeling

                I said it was a gut feeling that they got more light sentences than we would like AND that I don’t (entirely, I do a little) blame the judges for that. So you’re right to believe what I said was a gut feeling was a gut feeling. (being quite literal, since you seem to need that, I used the words “I’d guess”). This is largely how court works. Here’s a quick high-level on mitigating circumstances, in case you think for some reason I’m making that part up, too.

                rather than any objective, educated analysis.

                Not exactly sure why you would come to that conclusion. Are you having reddit flashbacks or something?

                I don’t mean it as an attack, just expressing how it should be interpreted by an objective, rational observer.

                With all due respect, demanding evidence or proof from everything anyone says in a civil discourse is absolutely an attack. I said absolutely nothing that was inflammatory or problematic, or that might lead one to question the ernestnest of my testimony.

                Are you acquianted philosophical principles of credulity (Swinburg, Reid?)? It is entirely reasonable to expect one’s testimony to be treated as credible if:

                1. They have nothing personal to gain
                2. They and you have no direct stake in the discussion
                3. Nothing they said directly contradicts reality as you know it.

                Solipsism is absurd. Incredulity towards everything is absurd.

                So why exactly do you find my explanation of my experiences incredible? What do I have to gain? What do you have to lose?

                EDIT: The irony is that you seem to agree with much of what I said anyway. So why are you hitting me with over-the-top cynicism?

                • EatATaco@lemm.ee
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                  11 months ago

                  With all due respect, demanding evidence or proof from everything anyone says in a civil discourse is absolutely an attack.

                  I’m not demanding anything. I asked if anyone had an objective analysis to compare it to what happens generally. By your own admission, you are just going with your gut, and I’m explaining why your gut means nothing to me.

                  If you feel attacked, that’s your own doing, not mine.

              • jj4211@lemmy.world
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                11 months ago

                Well, I’ll confess that I may not be “qualified” but I’ll say from what I’ve seen his analysis is consistent with what I have seen. Judges tend to take it easy on certain things (on top of the likelihood to reoffend, it was also for many their first offense). For a lot of the offenders, the only evidence was that they trespassed and said seditious stuff and was oblivious about assault or anyone having intent to ziptie some congressmen. If an offender had previous offenses, had done assault, had an organizing role, had stuff on their person implying a more violent intent, those folks from what I saw got real prison time.

                If you are involved in someone’s random court case, maybe as a jury member, maybe as an extended family member, you are likely to see a fairly restrained judicial response, compared to the statutory maximums which are really intended for the worst of the worst contexts for that particular crime.