Stella d'Oro
kiwifarms.net
- Dołączono
- 26 Mar 2026
There's a saying that there's nothing more dangerous than a man with nothing to lose.
I've had this thought bouncing around in my head for a while and a discussion over in the the legal subforum brought it back. Our legal system and unwritten social code of conduct are based on people having something to lose. What can the courts really do with someone who has nothing to lose?
Imagine a Pro Se plaintiff who earns so little their filing fees are waived and they can sue anyone, for anything. Their target has to incur significant legal expenses to respond and defend themselves even if the case is totally frivolous. If the defendants win and the case gets tossed and they're awarded costs and fees, if the plaintiff has no property exempt from seizure and earns so little they can't be garnished, they still lose.
On the criminal side, there's a massive difference in the quality of life you can live without a criminal record versus with. Once somebody has a record, the biggest deterrence to committing a(nother) crime is no longer there. Once they catch that first conviction, doors begin closing to employment, travel, housing, relationships. At that point, what's the difference between one conviction and 10? 20? 100? Sure, at some point the stints in jail get longer, but for someone who's already living on the margins even jail isn't a deterrence anymore. It might even be an upgrade in their living conditions.
Just like having to defend yourself against a Pro Se IFP plaintiff, if you're the victim of a crime and obtain a restitution order, if the perpetrator is judgement proof you'll either never be made whole or you'll get a check for $25 a month forever. Somebody with two dozen priors already can't get a decent job, rent an apartment in a good area, have limited dating prospects, can't travel to most countries, so what's one more conviction at that point? Especially in jurisdictions with revolving door legal systems.
Would making it easier to get a pardon or records sealed help? It's certainly a carrot you can dangle in front of someone to incentivize them to keep their nose clean, giving them an opportunity to work toward rebuilding a life without a criminal record. For those who seemingly have no desire to better themselves, a serious look at longer term incarceration or some other form of institutionalization.
I've had this thought bouncing around in my head for a while and a discussion over in the the legal subforum brought it back. Our legal system and unwritten social code of conduct are based on people having something to lose. What can the courts really do with someone who has nothing to lose?
Imagine a Pro Se plaintiff who earns so little their filing fees are waived and they can sue anyone, for anything. Their target has to incur significant legal expenses to respond and defend themselves even if the case is totally frivolous. If the defendants win and the case gets tossed and they're awarded costs and fees, if the plaintiff has no property exempt from seizure and earns so little they can't be garnished, they still lose.
On the criminal side, there's a massive difference in the quality of life you can live without a criminal record versus with. Once somebody has a record, the biggest deterrence to committing a(nother) crime is no longer there. Once they catch that first conviction, doors begin closing to employment, travel, housing, relationships. At that point, what's the difference between one conviction and 10? 20? 100? Sure, at some point the stints in jail get longer, but for someone who's already living on the margins even jail isn't a deterrence anymore. It might even be an upgrade in their living conditions.
Just like having to defend yourself against a Pro Se IFP plaintiff, if you're the victim of a crime and obtain a restitution order, if the perpetrator is judgement proof you'll either never be made whole or you'll get a check for $25 a month forever. Somebody with two dozen priors already can't get a decent job, rent an apartment in a good area, have limited dating prospects, can't travel to most countries, so what's one more conviction at that point? Especially in jurisdictions with revolving door legal systems.
Would making it easier to get a pardon or records sealed help? It's certainly a carrot you can dangle in front of someone to incentivize them to keep their nose clean, giving them an opportunity to work toward rebuilding a life without a criminal record. For those who seemingly have no desire to better themselves, a serious look at longer term incarceration or some other form of institutionalization.
