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To the officer's point -

I can easily see from the patrolman's position that if the law isn't charged often, it's not something to worry about. But from the citizen's position, if I see an unjust law that COULD be used against me by the state, then I want that law removed and it is a big deal. Not to overstate the point, but the country was founded on not trusting the state. Giving the police and/or prosecutors this power and then trusting them not to use it / abuse it? No thanks.

David - it sounds like you are assuming that judges have no leniency or are not willing to use it. Why? Frankly, I'd place more faith in the judge than I would in a jury in many cases. It's what they are trained to do - interpret the law.

by Josh S on May 26, 2011 3:17 pm • link • report

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