I think we may be arguing semantics.
but re >There are many laws that aren't "fair" (like mandatory prison for pot smokers and probation for muggers) but the courts don't care about that as justice and fairness aren't their territory.<
I respectfully disagree. Judges have a lot of latitude, particularly in non-violent crime areas. I've never been arrested, and had never been charged with a crime, and my driving record was squeeky clean from 1985 until Feb of 1999. What happened in Feb 1999 was, I grabbed the front brake of my motorcycle too hard, the front wheel locked up, and the bike went down on a busy four lane city street. I hit the pavement at about 50 mph wearing a light cloth jacket (speed limit was 35, but traffic usually went 40-45. The motorcycle slid 200 feet, staying in my lane most of the time, ending up in the middle turn lane. No other vehicles were involved. I was charged with Reckless Driving 1st degree, which is a criminal traffic citation. I was handed that by a city cop in the hospital room. The charge carries a maximum of $10,000 fine and/or 1 year in jail.
At the mandatory court appearance, I felt that the Judge was interested in knowing exactly what happened. I felt the same way about the lawyer from the County Prosecutor's Office who talked with me before I saw the Judge. She inquired if my heavy bandages were from the result of the incident in question. She recommended the charge be reduced to 2nd degree Negligent Driving, which is non-criminal traffic citation. The judge followed her recommendation, after I pled guilty to that charge.
So IMO, the court in my case at least, cared a lot about justice and fairness. |
