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> Criminal law is literally a set of statutes. Simply untrue in common law countries (e.g. the US). Criminal law is absolutely driven by judicial opinions and
by danielisaac 7y ago
> Criminal law is literally a set of statutes.
Simply untrue in common law countries (e.g. the US). Criminal law is absolutely driven by judicial opinions and statutory interpretation.
> In most states, the formal rules of evidence don't apply.
This isn't about evidence. It's about interpreting many doctrines that vary wildly between states. A single statute (re: defenses, attempt, conspiracy, the requisite mens rea to hold someone liable) can yield totally different interpretations.
- lurquer 7y agoYou are clearly not a lawyer. Stay within your own lane. South Carolina magistrates handle minor criminal cases where the fine can't exceed $350 or 30 days in jail. Their jurisdiction in civil cases extends to matters involving less that $7500. As noted, if you disagree with the judgment, you get a brand new trial before the elected circuit court judge. There are no convoluted legal mysteries involving whether a tenant had paid rent (the majority of cases) or whether someone was speeding. All of the legal defenses and the like you mention can be raised by the litigant; they have every right to have an attorney. It's not the judge's job to defend the accused. The point of these courts is to have a quick way to resolve minor disputes in a forum where the litigant can feel comfortable representing themselves if they wish. If you want a 'real' court, you have every right to one.
- danielisaac 7y agoThis is my lane.
- lurquer 7y agoHow so?
- dang 7y ago> You are clearly not a lawyer. Stay within your own lane. It's against the site rules to be rude in comments here. Would you mind reviewing https://news.ycombinator.com/newsguidelines.html https://news.ycombinator.com/newsguidelines.html and sticking to the rules? When someone else is wrong, it's a great help to provide correct information, but please don't break the guidelines while doing so. Your comment would be just fine without those first two sentences.