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Politics : Libertarian Discussion Forum
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To: Neocon who wrote (2961)6/11/1999 6:24:00 AM
From: Dan B.  Read Replies (1) of 13056
 
At an extremity it MUST be true...especially at an extremity. Otherwise the laws become more important than justice.

But is is possibly more important that it be true outside of extremities- I am asking, after all, for spirit and justice as per the constitution rather than the letter of individual lesser laws. The courts surely can guide the common sense of juries- instruct them on justice, and I'll have no problem with that. Our laws have become so needlessly great in number that simple local ordinances are often thoroughly and clearly unconstitutional. Juries need to have free reign when considering cases involving the many laws fitting this description.

As it is now, I feel a major cause of the "casino" effect is that case law, i.e. precedent, is given more weight than the facts of a case at hand- and so judges, hence juries, often rely too much on similar- but different- cases.

Often something against the letter of a local ordinance is perfectly reasonable...and in such cases the spirit of the law ought to be followed. Police officers themselves are the first line of defense against taking words too literally. I once went through a red light in the middle of the night...I stopped and looked and saw everything but the Hidden cop...Just as I broke that law and gotten through the intersection I saw that he was staring at me...he'd seem me do it in a safe manner...and he smiled and waved..which is what the spirit of the law is all about. I should be able to count on the majority of law enforcement officers to follow that spirit...sadly, I cannot. Still, all officers make those kinds of decisions favorably to the spirit of the law from time to time, I do believe....probably on a daily basis. Juries need to be instructed in this sort of common sense justice.

Dan B
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