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For me, the classic example is the two plaintiffs.
One is a career criminal.
The other is a citizen with zero criminal record and zero indications that they have ever done anything wrong (perhaps they have done illegal things, like copying that floppy, but nothing that causes direct damage).
I would not treat these people in the context of equality or equity.
Fairness here is recognizing that the career criminal should have fewer rights and be seen for what he is.