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Politics : Libertarian Discussion Forum -- Ignore unavailable to you. Want to Upgrade?

To: Neocon who wrote (3009)	6/13/1999 1:28:00 AM
From: Dan B.	Read Replies (1) \| Respond to of 13062

As for the end of your last line, "...the courts are fraught with elementary unfairness as it is." I do agree. Attention to the spirit of the law could help fix that. The examples you give are taken from current reality and are extreme(surely it happens, of course). My proposal might in fact do too little to alter the situation for the better(I think it could, and may be the best/most we can do to improve our great but imperfect system), but it does not follow that such extremes would increase as a result of my proposal. Why would it follow? I see no reason my proposal would make the situation worse by any stretch- or lead to more cases like your examples. Fact is, often demeanor, or the ability to comport oneself properly in court, does give the jury a clue what to decide. In general it's fortunate that our system can and does allow such to be taken into account. And too, even a poor person without proper attire but with obvious good character can get the same leniency as that rich kid; this does happen because jurors see and judge, and it is good. It can continue to happen under my proposal- which I do believe, again, is as our justice system was intended to operate. More emphasis on the spirit of the law should, if anything, serve to keep a just perspective in the forefront of jurors minds, thus lessening the numbers of cases resulting in the extreme injustices your examples imply. Dan B