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[–] -3 points 16 hours ago (9 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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  • [–] 5 points 16 hours ago (8 children)

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

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  • [–] 0 points 16 hours ago (7 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 16 hours ago (6 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 16 hours ago (5 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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  • [–] 4 points 15 hours ago (4 children)

    Motivation absolutely matters in all circumstances.

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  • [–] 0 points 12 hours ago (3 children)

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

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  • [–] 2 points 11 hours ago* (last edited 11 hours ago) (2 children)

    Can you name a single crime where the offense is not either enchanted or mitigated by motivation?

    I can't.

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  • [–] 0 points 11 hours ago (1 child)

    Most motivations are irrelevant to most crimes.

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  • [–] 2 points 4 hours ago

    Really? Then why are voluntary manslaughter, involuntary manslaughter, manslaughter 1, manslaughter 2, manslaughter 3, murder 1, and murder 2 all separate crimes, when (without motivation) the crime is just killing someone you weren't supposed to kill?

    Kinda sounds like all those distinctions can be collapsed down to murder, right?

    Why have varying sentences for crimes?

    Matter of fact, why is mens rea even taught in law school?

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