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re: Question for judges and attorneys...Where does your morality (if any) come into play ?
Posted on 5/20/24 at 7:50 pm to SixthAndBarone
Posted on 5/20/24 at 7:50 pm to SixthAndBarone
Funny, most law is based on morality.
1
Posted on 5/20/24 at 7:51 pm to loogaroo
quote:
How do you apply your individual morality to a macro system with thousands of moving parts, inputs, outputs, and varying factual scenarios?
You seek the truth.
And what if the truth cannot be distilled down into evidence?
How do you present "the truth" at trial?
Posted on 5/20/24 at 7:52 pm to SlowFlowPro
quote:
No. Just exposing internal biases masquerading as objectivity
You have not one thing positive to say about Trump, yet you will not say one negative thing about Biden .
Posted on 5/20/24 at 7:53 pm to yakster
quote:
Funny, most law is based on morality.
Yeah the 1-year prescriptive period for torts in LA is found in Genesis.
Having 30 days to respond to an RFA is found in Two Corinthians
The EPA regulations on pesticides is found in Psalms
Posted on 5/20/24 at 7:54 pm to chili pup
quote:
You have not one thing positive to say about Trump,
False
quote:
yet you will not say one negative thing about Biden .
Incredibly false, to the point of insanity
Posted on 5/20/24 at 7:56 pm to SlowFlowPro
I've always considered a trial/court case to be nothing more than lawyers vs lawyers.
The defendant is the guy that set up the game, but is little more than a spectator that suffers the consequences if/when his team loses.
The defendant is the guy that set up the game, but is little more than a spectator that suffers the consequences if/when his team loses.
Posted on 5/20/24 at 7:59 pm to BuckyCheese
That's much more of a criminal thing than a civil thing, b/c the prosecution is against the defendant and the other party ("the state") is a non-entity party.
In civil it's much more personal, typically, b/c actual entities initiate and prosecute actions against actual entities.
But yes, in criminal, the defendant is pretty much along for the ride, for the most part.
In civil it's much more personal, typically, b/c actual entities initiate and prosecute actions against actual entities.
But yes, in criminal, the defendant is pretty much along for the ride, for the most part.
Posted on 5/20/24 at 8:15 pm to Wednesday
quote:
It’s not my job to “get him off” it’s my job to make sure that the prosecutor follows the rules of due process, and actually proves that he committed the crime.
I provide legal, not moral advice.
I have boundaries. I am not morally responsible for the acts of another, and neither are you.
We’ve all committed sins. Judgment on those belongs to the Lord.
Fair enough. I don't think I could advise a murderer (I know is guilty) to avoid a conviction based on a techinicalty.
Posted on 5/20/24 at 8:18 pm to Willie Stroker
quote:
Ever wonder how the Supreme Court Justices all have the same access to the US Constitution, the same set of facts, and access the same case law...yet we still get 5 to 4 decisions?
It's whimsy and their individual values.
Well said.
Posted on 5/20/24 at 8:19 pm to SlowFlowPro
quote:
In civil it's much more personal, typically, b/c actual entities initiate and prosecute actions against actual entities.
Posted on 5/20/24 at 8:22 pm to SlowFlowPro
quote:
The law and morality are 2 very different and separate things.
You don't see a problem with this?
Posted on 5/20/24 at 8:25 pm to Willie Stroker
quote:
Ever wonder how the Supreme Court Justices all have the same access to the US Constitution, the same set of facts, and access the same case law...yet we still get 5 to 4 decisions?
It's whimsy and their individual values.
Only because “the law” is trying to govern complex human behavior and societal systems with concrete rules in black letters on paper.
You’ve gotta have the system be rigid and predictable enough to matter and be legitimate but malleable enough for justice to prevail in the gray areas. It’s a tough combination.
Posted on 5/20/24 at 8:27 pm to loogaroo
quote:
You don't see a problem with this?
No, and it's been this way for thousands of years prior to Jesus walking the Earth
Why would you mix morality and the law?
Remember, a legal system has to be applied uniformly across an entire population. You don't think morality, a concept that a group of 2 likely won't agree with the definitions, would cause a bit of chaos within that (supposedly) uniform system? You don't think it would become too focused on the individuals at play?
Posted on 5/20/24 at 8:28 pm to Wednesday
quote:
I hope that you or anyone you love are never accused of a crime.
Unfortunately, this is unavoidable as you grow your businesses. Even farmers minding their own business are the target of opportunists or overzealous developers.
That's why I added judges to the question. Just because you can doesn't mean you should regardless of the letter of the law.
Posted on 5/20/24 at 8:32 pm to loogaroo
quote:
Just because you can doesn't mean you should regardless of the letter of the law.
Posted on 5/20/24 at 8:38 pm to loogaroo
Some of you are due for a refresh on Blackstone's ratio.
Posted on 5/20/24 at 8:38 pm to SlowFlowPro
quote:
Why would you mix morality and the law?
I don't know...maybe the difference between wrong and right.
quote:
Remember, a legal system has to be applied uniformly across an entire population. You don't think morality, a concept that a group of 2 likely won't agree with the definitions, would cause a bit of chaos within that (supposedly) uniform system? You don't think it would become too focused on the individuals at play?
What is wrong and what is right?
Posted on 5/20/24 at 8:39 pm to loogaroo
quote:
What is wrong and what is right?
That's a question for philosophy.
Posted on 5/20/24 at 8:39 pm to SlowFlowPro
quote:
quote:
Just because you can doesn't mean you should regardless of the letter of the law.
Then we agree?
Posted on 5/20/24 at 8:44 pm to SlowFlowPro
quote:
quote:
What is wrong and what is right?
That's a question for philosophy.
No it's not. It's the basis for civilized life. Not to mention United States Bill of Rights.
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