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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.


  • ricecake@sh.itjust.workstoTechnology@lemmy.worldWhat Happened To WWW.?
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    10 days ago

    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.


  • ricecake@sh.itjust.workstoTechnology@lemmy.world*Permanently Deleted*
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    29 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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    29 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.


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

    people will always mess stuff up. Government is just the group of people you have a say in.

    When the public good gets messed up, I’d rather it be by the people I can vote out than by the people who only answer to shareholders.

    I just don’t understand the persistent belief that a profit motive will magically make something more aligned with the public good.



  • Even corporations understand the value of having a seat at the table. A significant reason for corporate sponsorship of standards groups and such is so that if it comes up, they have a person there who can argue for their interests.
    Not even in an interesting or corrupt way.
    “Our engineers think it would be better to do it this way, any objections?” And then everyone talks about it.

    Leaving means you only get to use what others put together. If your needs don’t fit you just have to cope.

    Corporations love getting stuff for free, but if all it takes to solve a technical problem is cash, that’s great too. Cash is a better way to solve a technical problem than time and engineers.


  • Right now there are three “biggest powers” on the world stage. US, China and Russia. China has belligerent rhetoric towards a lot of their neighbors, particularly Taiwan. They want the areas they control, but largely stop short of action. It’s why they claim the South China sea, and other nations need to pointedly ignore their claims to delegitimize them.
    Russia has been openly annexing, or trying to anyway, their neighbors, and using historical precedent as their excuse.
    As the largest power, the US very notably not annexing land nearby shifts the tone way into the realm of it being the norm not to do that.

    Annexing, or at least threatening to, nearby land makes it more that all major powers do so, or at least are looking for opportunities to do so.
    If cold war schemes give the US historical claim to Greenland, then Russias claims on Ukraine start being less unhinged and more generally expansionist.


  • It’s worth noting that one of those organizations is IBM. Mostly relevant because they’re the ones that originally built a lot of that cobol, the mainframes it runs on, and even the compilers that compiled it.
    They’re basically the people you would expect to be able to do it, and they pretty quickly determined that the cost of a rewrite and handling all the downstream bugs and quirks would exceed the ongoing maintenance cost of just training new cobol developers.

    My dad was a cobol developer (rather, a pascal developer using a compiler that transpiled to cobol which was then linked with the cobol libraries and recompiled for the mainframe), and before he retired they decided to try to replace everything with c#. Evidently a year later their system still took a week to run the nightly reports and they had rehired his former coworkers at exorbitant contractor rates.




  • … What?

    Your screenshot has the founder saying it’s reparable. It also has him telling someone with unreasonable expectations that they would be disappointed.

    If you literally take his comment out of context you can construe it as him saying they didn’t consider repairability or lifetime. But why wouldn’t you look at the context that’s right there?



  • Sure have!

    He told someone not to buy it if they expect more than five years without repairs. That person seemed to think spending more than $100 should get them a product that lasts a lifetime, and was irritated the founder said he thought it was pretty good that a piece of low cost consumer electronics made it five years before needing repairs.

    What part of that says to you that it’s not reparable or won’t last five years?