The key issue is societal harm. For example above discusses bail considerations for serial rapists, etc. I pointed out that societal harm can also occur when a perception of distinct treatment for different classes of society reaches a critical threshold of society, it will result in societal harm. It's a sort of meta-harm to society, specially in today's political environment, societal harm to the people of United of States of America is anything that increases divisions, and diminishes trust in institutions, in my opinion.
That sounds pretty close to "Have a bail/trial by public opinion" from my previous comment, as well as questions raised by philosophers regarding utilitarianism and the justice system eg. "is it ethical to convict an innocent person to placate the masses?".
https://www.law.nyu.edu/sites/default/files/upload_documents...
The key issue is societal harm. For example above discusses bail considerations for serial rapists, etc. I pointed out that societal harm can also occur when a perception of distinct treatment for different classes of society reaches a critical threshold of society, it will result in societal harm. It's a sort of meta-harm to society, specially in today's political environment, societal harm to the people of United of States of America is anything that increases divisions, and diminishes trust in institutions, in my opinion.