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Wednesday, January 14, 2009

Bernard Madoff Gets Preferable Bail Treatment

I always thought that bail arrangements considered both "severity of crime", "probability of conviction", and "likelihood that defendant will flee". By that standard, Bernard Madoff has a pretty nice bail arrangement. He gets to continue living in his luxury apartment, with the expense paid by his relatives. Of course, when he was running his Ponzi scam, he managed to funnel a lot of wealth to his relatives.

Even though the judge and mainstream media are saying "We are treating Bernard Madoff fairly!", you can be pretty sure he is getting special treatment.

Suppose that I were attempting blatant-in-public agorism, and became a reasonably popular advocate for agorism. State enforcers decide to crack down on me and arrest me for tax evasion, for treason, or for operating a business without a license. They would almost definitely deny me bail, because I would be publicly saying "The State is immoral!" during my trial.

It's pretty obvious that Bernard Madoff is getting a sweetheart bail arrangement.

In a free market, trials would not be dragged out for months or years, like they are in the present. When the Federal Government was first created, it was common practice for most trials to end in a week. Extended dragged-out trials allow lawyers to loot and pillage via high legal bills. Long trials create the illusion of fairness, when it's mostly lawyers wrangling over obscure points that are mostly irrelevant to the actual issues of the trial.

Even if acquitted, a long drawn-out trial extracts a toll from the defendant. If you're the plaintiff in a civil lawsuit, the fact that the trial will take months or years limits the gain from the trial. A lot of time, money, and energy are wasted on criminal and civil trials; these costs aren't normally recoverable, even if you win.

The legal system is completely defective and should be replaced.

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