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[–] 6 points 8 hours ago (20 children)
  • [–] -4 points 7 hours ago (19 children)

    To determine facts. For them to be able to do that, they need to not be subjected to irrelevant emotional arguments.

    Throughout these comments I've been asking what people think if the slogan had instead been "deport all immigrants" - do you have a view on whether a jury should hear a defendant's motivation for spraying something like that?

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  • [–] 6 points 3 hours ago (3 children)

    Why would you need a jury to determine facts?

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  • [–] -5 points 2 hours ago (2 children)

    I don't have the inclination to quote standard legal theory at you, it's not like I'm on crackpot territory here

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  • [–] 4 points 6 hours ago (9 children)
  • [–] -3 points 6 hours ago (8 children)

    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.

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  • [–] 4 points 6 hours ago (7 children)

    More of a strict letter of the law than a spirit of the law kinda guy, eh?

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  • [–] -1 points 6 hours ago (6 children)

    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.

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  • [–] 3 points 6 hours ago (5 children)

    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?

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  • [–] -1 points 6 hours ago (4 children)

    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.

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  • [–] 3 points 6 hours ago (3 children)

    Motivation absolutely matters in all circumstances.

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  • [–] 0 points 2 hours ago (2 children)

    Uhuh. Well, you're very confident, yet I'm for some reason unconvinced by your detailed argument...

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  • [–] 3 points 6 hours ago (3 children)
  • [–] -4 points 6 hours ago (2 children)

    Ah ok, so it's easy - just allow all good things in the courtroom but ban the bad ones. I wish I'd thought of that. I must be a fucking moron I guess.

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