Crime and Punishment - Problems at the Crossroads of Sciences

    This post is a response to the article “Increasing Security in Two Clicks ” by the respected Albrt . At first I wanted to write a comment, but then I estimated the size and decided to publish it as an article.
    I would like to look at the proposed concept from a slightly different critical angle, telling about some realities of being and share my thoughts on why such “bright” projects can cause serious problems.

    The idea is not new and thank you for developing it to an interactive service, but the approach and its ease made me mixed feelings - on the one hand, everything is fine, cool, come on, and on the other, it is somehow naive, simple and without a hint of legal aspects. It seemed to me a little not serious.

    Spherically and in a vacuum, I am with you, for your project, the dream is quite utopian, but it is the embodied dreams that often give the best result.
    In this regard, there are several BUTs that cannot be discounted, and bohdan4ik has already outlined the main points , but let me go through your article thesis (believe me, not for the sake of malice, but for adequacy for) and pay attention to perhaps obvious social and ideological moments, if the service promises to be more social, as well as ask a few questions:

    The number of witnesses to any incident will increase dramatically. Crime detection will increase. Crime will decrease

    The number of witnesses has little effect on the detection and crime rate.

    Potential criminals will quickly realize that committing a crime and going unnoticed has become much more difficult. They are aware of the increased risks. This will reduce crime.
    For a criminal who is about to commit a crime, which is a risk in itself, such a concept as risk has no knowledge. There is only one indicator - the achievement of a selfish goal.

    People will begin to help each other in emergency situations, and this will change their attitude towards each other and will begin to change the very atmosphere in society from fear to trust.
    Relations between people, unfortunate as it is, are mainly based on egocentric principles and no instrument or rules will be able to change this, except for education.

    As for the “Force to work” law enforcement agencies - not every law makes them work, why did you decide that this service, which is outside the legal field, can do this?

    The commission of a crime against a hooker or his property is often a criminal act and is prosecuted under the Code of Criminal Procedure, in accordance with applicable law.
    Accordingly, your service must comply with this order and be deeply integrated not only in the social, but also in the legal component. And cooperation with the executive branch is difficult, not grateful, and most importantly, almost useless. Let me share the personal experience of “Batman” and “Victim”:

    Victim
    In the city of "N" an attempt was made to an armed attack by an organized group of persons with the aim of taking possession of another's property.
    From the testimonies of the victims: At about 9:20 pm, my cousin and I walked the dog. Three unfamiliar young people approached us and threatening with a knife they demanded to give them outerwear. Being physically well prepared, one of the victims tried to fight back the attackers, but was wounded with a knife in the area of ​​his hand. Then the command was given to the dog about the attack ...
    The dog is a trained Rottweiler. 5 years.
    Result - my brother was slightly wounded in the arm, I have multiple bruises, abrasions. We crumpled them well, but their numerical advantage and knife outweighed. I had to call a dog for help and call the police. The dog helped - 1 corpse at once, two more during the week. Only thanks to the efforts of his father, an experienced criminal lawyer, did my brother escape three years in prison.


    Batman
    In the same city, I prevented the robbery of a girl.
    Returning late in the evening from friends (noted by DR), I saw two juvenile scumbags (14-16 years old) who somehow suspiciously “rubbed” the girl clearly not in their circle of friends. Having caught up with NMI, I heard how they demanded jewelry and money from her. I decided to intercede for the girl and attracted their attention to myself (what can two teenagers do to me ??? Ha.) The
    girl quickly orientated herself and managed to escape, and I had to take the fight with the “twelve” teenage thugs right next to my house. I broke one jaw, knocked out one, beat several well (bruises, abrasions and one broken nose), but I could not resist the bats and armature. A month in the hospital, constant visits by investigators, and now they’re already making me art. 114 of the Criminal Code - the year of life.


    Now I will explain - as I said earlier, a crime is a legal concept, and any opposition will necessarily be fraught with the law, whether you want it or not.
    It does not matter in what way or by what means the crime was prevented - if there is a crime - there must be a punishment. And here the first stone is the victim. If there is no victim, then there’s nothing to do, or at least a hangover, which our software really doesn’t like.

    Implementation problems

    Even if you imagine that everything is technically filmed and works flawlessly, a number of difficulties arise at the intersection of jurisprudence and technology.
    In this case, what is the primary signal? What is the entry point to the Crime Prevention procedure?
    If this is the case, for example, “communication to others”, which, in theory, should come running and prevent a crime, or at least become witnesses in the case, but cannot be such because “not everyone saw” or “not at all have seen. "

    To initiate a case on the fact, it is necessary to carry out a number of procedures, starting with the submission of the relevant application. Your service can only serve as indirect evidence, and even with a stretch.
    If there are many witnesses around with the application, but the victim is not a participant in the project, then what should you do? Who is the entry point?

    If we imagine that receiving a report of a crime “nearby” gives a person the legal status of “witness”, and having pressed the “alarm button” to “victims”, then we will receive a priori a lot of witnesses, it is unclear what they saw and saw at all, as well as the victim, who it may not be converted due to the lack of reliable “witnesses” or “evidence”.
    As a result, the person relied on the help of others and the service, and as a result, nobody. He hopes to prove something in court, but the data on the “uncertified” servers cannot be evidence, and can only pass as indirect, despite the fact that there is a photograph of the criminal’s face at the time of the attack.

    Do not forget about the fact that the storage and accumulation of such information also carries a certain threat.
    1 - This is the personal data of the people who will have to protect
    2 - The threat of illegitimate compromise of citizens
    3 - Given the current legislation and the customs of the townsfolk, it is possible that the other project participants or third parties may unlawfully prosecute “alleged criminals”.

    I believe that such projects should be implemented, and I support the author, but they need to be raised to the federal level. After all, if it comes to crime and punishment, then you need to be approached with extreme caution and responsibility. The formal procedure must be agreed upon, which means that amendments to certain legal documents are necessary. And we all know firsthand what this can lead to.

    An informal procedure, in this context, should not be made public at all in order to avoid legal prosecution for an offense.
    And here I want to recall the parting words of my uncle, mentioned earlier: “If necessary, protect yourself, but so that no one sees for a long time. And leave quickly. ”Otherwise, you can quickly turn from a victim into an accused.

    Perhaps you will think that the article is too gloomy and critical, and everything is not so scary and fatal, but I want to warn everyone against such embarrassment, because if we write a harmless service, this is one thing, but if we do something that affects the safety of others people - we must take this project very seriously and take into account ALL possible results, and calculate not only potentially useful, but also potentially dangerous consequences, even though they seem “unrealistic” to us.
    187-FZ was also considered unrealistic, and science fiction writers even wrote books ...

    PS: Accepted corrections to the title

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