Date: 2009-12-17 06:02 am (UTC)
... what has a larger effect is the probability of conviction.

That is interesting. I would like to have a look at such data. I would think that basic risk analysis would work out to as punishment times likelihood%.

How would you deal with a situation where it's not possible to determine the victim's wishes?

*nods* I have thought about this, in the most obvious cases (e.g., a murder victim can hardly call for prosecution). In these cases I would do agree for public prosecution. However, I may disagree where there was clear and prior statements to the contrary (the famous German voluntary cannibalism case comes to mind)

My main interest here is to ensure that actions are not taken that against the desires of real or imagined victims.
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