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Joined 2 years ago
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Cake day: June 11th, 2023

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  • I feel like I could be persuaded either way, but I lean towards allowing them during sentencing.
    I don’t think “it’s an appeal to emotion” is a compelling argument in that context because it’s no longer about establishing truth like the trial is, but about determining punishment and restitution.

    Justice isn’t just about the offender or society, it’s also indelibly tied to the victim. Giving them a voice for how they, as the wronged party, would see justice served seems important for it’s role in providing justice, not just the rote application of law.

    Obviously you can’t just have the victim decide, but the judges entire job is to ensure fairness, often in the face of strong feelings and contentious circumstances.

    Legitimately interested to hear why your opinion is what it is in more detail.


  • Hearsay is allowed in sentencing statements, and Arizona allows those statements to be in a format of their choice.

    It’s the phase of the process where the judge hears opinions on what he should sentence the culprit to, so none of it is evidence or treated as anything other than an emotive statement.

    In this case, the sister made two statements: one in the form of a letter where she asked for the maximum sentence, and another in the form of this animation of her brother where she said that he wouldn’t want that and would ask for leniency.

    It’s gross, but it’s not the miscarriage of justice that it seems like from first glance. It was accepted in the same way a poem titled “what my brother would say to you” would be.


  • Reading a bit more, during the sentencing phase in that state people making victim impact statements can choose their format for expression, and it’s entirely allowed to make statements about what other people would say. So the judge didn’t actually have grounds to deny it.
    No jury during that phase, so it’s just the judge listening to free form requests in both directions.

    It’s gross, but the rules very much allow the sister to make a statement about what she believes her brother would have wanted to say, in whatever format she wanted.


  • Jessica Gattuso, the victim’s right attorney that worked with Pelkey’s family, told 404 Media that Arizona’s laws made the AI testimony possible. “We have a victim’s bill of rights,” she said. “[Victims] have the discretion to pick what format they’d like to give the statement. So I didn’t see any issues with the AI and there was no objection. I don’t believe anyone thought there was an issue with it.”

    Gattuso said she understood the concerns, but felt that Pelkey’s AI avatar was handled deftly. “Stacey was up front and the video itself…said it was AI generated. We were very careful to make sure it was clear that these were the words that the family believed Christopher would have to say,” she said. “At no point did anyone try to pass it off as Chris’ own words.”

    The prosecution against Horcasitas was only seeking nine years for the killing. The maximum was 10 and a half years. Stacey had asked the judge for the full sentence during her own impact statement. The judge granted her request, something Stacey credits—in part—to the AI video.

    From a different article quoting a former judge in the court:

    “There are going to be critics, but they picked the right forum to do it. In a trial with a jury you couldn’t do it, but with sentencing, everything is open, hearsay is admissible, both sides can get up and express what they want to do,” McDonald said.

    “The power of it was that the judge had to see the gentleness, the kindness, the feeling of sincerity and having his sister say, ‘Well we don’t agree with it, this is what he would’ve wanted the court to know’,” he said.

    I don’t like it, and it feels dirty to me, but since the law allows them to express basically whatever they want in whatever format they want during this phase, it doesn’t seem harmful in this case, just gross.

    I actually think it’s a little more gross that the family was able to be that forthright and say that the victim would not want what they were asking for, and still ask for it.


  • It says in the article that the judge gave the maximum sentence.

    The sister who created the video gave a statement as herself asking for something different from what she believed her brother would have wanted, which she chose to express in this fashion.

    I don’t think it was a good thing to do, but it’s worth noting that the judges statement is basically “that was a beautiful statement, and he seemed like a good man”, not an application of leniency.


  • Walk me through that analogy, and what point you’re trying to make. My hammer doesn’t typically have unexpected interactions with things I’m not hammering. When I build a bookshelf, I don’t have to make sure my desk is clean to keep people I let borrow books from unlocking my front door without a key.

    Do you think that improper setuid isn’t a common enough vulnerability to have a name and designation?

    What constitutes a security nightmare if not something that requires a large and annoying amount of work, and can be made insecure by a mistake somewhere else?


  • Chromes decision actually makes a lot of sense, from a security perspective. When we model how people read URLs, they tend to be “lazy” and accept two URLs as equal if they’re similar enough. Removing or taking focus away from less critical parts makes users focus more on the part that matters and helps reduce phishing. It’s easier to miss problems with https://www.bankotamerica.com/login_new/existing/login_portal.asp?etc=etc&etc=etc than it is with bankotamerica, with the com in a subdued grey and the path and subdomain hidden until you click in the address bar.
    It’s the same reason why they ended up moving away from the lock icon. Certs are easy to get now, and every piece that matches makes it more likely for a user to skip a warning sign.


  • The final piece is that often each of those services would be on a different computer entirely, each with a different public IP address. Otherwise the port is sufficient to sperate most services on a common domain.

    There was a good long while where IP addresses were still unutilized enough that there was no reason to even try being conservative.


  • I would describe need to proactively go out of your way to ensure a program is simple, minimal, and carefully constructed to avoid interactions potentially outside of a restricted security scope as a “security nightmare”.

    Being possible to do right or being necessary in some cases at the moment doesn’t erase the downsides.

    It’s the opposite of secure by default. It throws the door wide open and leaves it to the developer and distro maintainer to make sure there’s nothing dangerous in the room and that only the right doors are opened. Since these are usually not coordinated, it’s entirely possible for a change or oversight by the developer to open a hole in multiple distros.
    In a less nightmarish system a program starting to do something it wasn’t before that should be restricted is for the user to get denied, not for it to fail open.

    https://www.cve.org/CVERecord/SearchResults?query=Setuid

    It may be possible, but it’s got the hallmarks of a nightmare too.


  • It’s a shorthand for all those other legal arrangements, in a pragmatic sense. You can build the same thing with documents that confer the different legal relationships, or you can use the pre-packaged bundle. A lot of the one-off arrangements require a lawyer and filling fees for each document, where the bundle can be done for a $25 or so fee, and a judge or the clerk who collected the fee, depending on your jurisdiction.

    There are also social and relationship perks to a public declaration of commitment. It doesn’t change anything, but a public declaration can make things explicit on all accounts.
    Rings are just a social shorthand to communicate that to others passively

    They also don’t actually need to be expensive. They became expensive because people are usually willing to shell out a little more for a special occasion, and a lot of people wedged themselves in and argued that without them it wasn’t really special. If you can’t put a price on love, then how can $10k be too much?

    If you’ve decided to make a public commitment, a little party to celebrate is legitimately fun. You just need to separate what you need for the party to be fun and feeling like the scale of the party is a testament to your love or sincerity.

    When I got married the ceremony was five minutes and done by a friend of ours, we had our friends and the closer circle of relatives as guests and we didn’t need to save up for things because we only got what would make us happy for our party. Our rings were cheaper than most because we talked to a jewler and had them make something according to our designs, and neither of us like diamonds. (Mine is a metal reinforced piece of a beautiful rock we found while rock hunting at a favorite camping spot, and hers is her favorite color, laid out well to avoid snagging on clothing.)









  • ricecake@sh.itjust.workstoTechnology@lemmy.world*Permanently Deleted*
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    23 days ago

    Cool. You wrote an opinion that perfectly matched the opinion of a particular demographic that’s common on the site, and are now very offended that no one knew you were someone less common.
    Which also entirely draws the conversation away from you saying it’s good that the government pulled funding from an organization that’s doing something good because government messes everything up.

    They’re already a non-profit. Why are you upset that they got money from the government? Wouldn’t the ideal to you be an NGO that got money without being under government control, and was therefore free from business influence as well?

    Linux is a great example. It’s backed by a non-profit foundation, under the direction of mostly corporate advocates. That’s what people talk about when they talk about a non-profit being beholden to corporate money.
    The shape of Linux has steadily been pushed towards being more and more focused on server and data center operations, since that’s what the people in charge of funding allocation care about, and that’s what they’ll direct their parent organizations to contribute developers to working on.

    Your government sucks. I get that. It doesn’t mean I don’t expect more from mine, and it doesn’t mean that I reject the notion that I should have say in the management of the things around me.
    The NGO that you envision will do a better job managing the drainage where I live doesn’t answer to me, and I have no recourse if they mess up and flood my house.

    I’d like something like the NGO you envision, but with public accountability. This is often called a “government”.


  • Yeah, the lobbying question is a complicated one.

    In an ideal world it would be much closer to how the standards committees work. The issue isn’t people sharing their opinions and desires for how the system should work, it’s when they use inequitable means to bias the decision. My industry, security, has lobbied for official guidelines on security requirements for different situations. Makes it easier to tell hospitals they can’t have nurses sharing login credentials: government says that’s bad, and now your insurance says it’s a liability.

    The problem is that lobbying too often comes with stuff like a “we’re always hiring like minded people at our lobbying firm, if you happen to find yourself in the position to do so, give us a call.”.
    It’s too easy for people with a lot of money to make their voices more heard.

    It’s not that the wealthy and business interests should be barred from sharing opinions with legislators, it’s that “volume” shouldn’t be proportional to money. My voice as a person who lives near a river should be comparable to that of the guy who owns the car wash upstream when it comes to questions of how much we care about runoff going into the river.


  • ricecake@sh.itjust.workstoTechnology@lemmy.world*Permanently Deleted*
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    23 days ago

    So you want it to be run like it is today, but with less money? Do you think they’re going to spread whatever incompetence you see them having via funding?

    Usually when people celebrate the removal of government from a public service it’s because they think it should be arranged to turn a profit.

    You didn’t list your stance on every issue in your comment so I can only assume that you have the rest of the beliefs that I’ve always seen go with that opinion.