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If you allow flexibility on such a matter, people will come to expect it. Some will be doing things where the flexibility would be permissible, but a lot would
by jfoster 6y ago
If you allow flexibility on such a matter, people will come to expect it. Some will be doing things where the flexibility would be permissible, but a lot would go further and be surprised that flexibility cannot be extended to them. It's a very slippery slope, and doesn't really seem feasible to implement.
- s1artibartfast 6y agoEveryone should expect flexibility when the law is applied to a case where it doesn't make sense. If someone makes the wrong assumption and is surprised, that is a risk they took and I am ok with that. This doesn’t mean the law needs to be applied unwavering when it doesn’t make sense.
- EForEndeavour 6y agoI'm no lawyer, but as someone who remembers the ludicrous, counterproductive ramifications of schoolyard "zero tolerance" policies against physical fighting (you might as well escalate any fight with a bully because you'll be punished no matter what), and as someone who's been let off the hook by cops a couple times in my life, I'm a firm believer in upholding the spirit of the law, not the letter. People aren't machines. The letter of the law exists merely for people to interpret and apply with good judgment and consideration of context, complexities of which are often offloaded into the phrase "a reasonable person".
- jfoster 6y agoPolice can let people off the hook because they are already dealing in exceptional cases. They only get involved by exception, and making exceptions on exceptions is scalable.