Dutch human rights activist, Olax Outis had no “lawful defence” and was stopped from give a closing speech – but was acquitted by the jury in a verdict seen as a snub to a system complicit in Genocide.
Ok. I don’t, that sounds like it would lead to a lot of bad outcomes as well as giving an opportunity for terrible people to grandstand and waste time.
There’s nothing in the spirit of the law that is supposed to allow people to air their grievances in court, so no. What I’m against is adding that to the spirit of the law.
And the reason is because I think there’s no fair way to do it that doesn’t open the way for awful people to abuse it. And what I definitely am for is fairness.
The entire concept of the law is for people to air their grievances in court, instead of airing out each other’s skulls. Do you think motivation is irrelevant to crime?
The prosecution is airing its grievances, not the defence. And motivation matters in some circumstances but this this isn’t one of them. Unless you want to implement a fair principle for everyone, which I think would do more harm than good.
Ok. I don’t, that sounds like it would lead to a lot of bad outcomes as well as giving an opportunity for terrible people to grandstand and waste time.
More of a strict letter of the law than a spirit of the law kinda guy, eh?
There’s nothing in the spirit of the law that is supposed to allow people to air their grievances in court, so no. What I’m against is adding that to the spirit of the law.
And the reason is because I think there’s no fair way to do it that doesn’t open the way for awful people to abuse it. And what I definitely am for is fairness.
The entire concept of the law is for people to air their grievances in court, instead of airing out each other’s skulls. Do you think motivation is irrelevant to crime?
The prosecution is airing its grievances, not the defence. And motivation matters in some circumstances but this this isn’t one of them. Unless you want to implement a fair principle for everyone, which I think would do more harm than good.
Motivation absolutely matters in all circumstances.
Uhuh. Well, you’re very confident, yet I’m for some reason unconvinced by your detailed argument…
Can you name a single crime where the offense is not either enchanted or mitigated by motivation?
I can’t.
Most motivations are irrelevant to most crimes.
Legalist morality is for dogs of the state, think for yourself, Javert.