4 ms·

I think you're reinforcing my point, not disagreeing with it. You cite examples where the law forbids something, but a judicial opinion allows it. So one easy

I think you're reinforcing my point, not disagreeing with it. You cite examples where the law forbids something, but a judicial opinion allows it. So one easy way to avoid doing something illegal in all of your examples is to simply follow the law as written. Sure, maybe with legal counsel you could push things a little further, get your nunchuck possession charge dismissed because you were pulled over two hundred yards past the Yuba county line or whatever, but that's different from someone who wants to avoid getting in trouble in the first place.

iudqnolq 3y ago
You're assuming the rules you need to follow are a superset of the plain text of the law as written. This is incorrect. One example: assault with a deadly weapon. The definition of "deadly weapon" various wildly in different jurisdictions and isn't always clear simply from the case law. In some jurisdictions it means any weapon theoretically capable of being deadly, so slapping someone with a flip-flop (real example) could count.
- jmillikin 3y ago
  You're focused on some extremely narrow view that's right on the legal/illegal boundary and thinking that's the whole world. The easiest way to not go to jail for assault with a deadly weapon is to not assault people. It is very easy to follow this guideline, and the success rate is quite high (most people in the world are not currently in jail). If you absolutely must assault someone, and you decide to use a weapon, then yes, you will likely want to hire a lawyer to write a bunch of carefully-argued pages about why you shouldn't go to jail. But it's not like you would just be walking down the street, knocking people out with a tire-iron as one does, and then get ambushed by the complexities of the law.
  - iudqnolq 3y ago
    You're mostly right. Bringing up tire irons is unfair when I explicitly mentioned things like flip-flops. I think a better example might be peaceful protest. Sure you can just not do that, but a reasonable person might want to protest. Here's another example: police officer tells you can march across bridge, then arrests you for obstructing traffic. You intuitively think this sounds like entrapment. It isn't.
  - analognoise 3y ago
    >But it's not like you would just be walking down the street, knocking people out with a tire-iron as one does, and then get ambushed by the complexities of the law. I want to take a second to say how much I appreciated this line.

iudqnolq 3y ago

You're assuming the rules you need to follow are a superset of the plain text of the law as written. This is incorrect. One example: assault with a deadly weapon. The definition of "deadly weapon" various wildly in different jurisdictions and isn't always clear simply from the case law. In some jurisdictions it means any weapon theoretically capable of being deadly, so slapping someone with a flip-flop (real example) could count.

jmillikin 3y ago
You're focused on some extremely narrow view that's right on the legal/illegal boundary and thinking that's the whole world. The easiest way to not go to jail for assault with a deadly weapon is to not assault people. It is very easy to follow this guideline, and the success rate is quite high (most people in the world are not currently in jail). If you absolutely must assault someone, and you decide to use a weapon, then yes, you will likely want to hire a lawyer to write a bunch of carefully-argued pages about why you shouldn't go to jail. But it's not like you would just be walking down the street, knocking people out with a tire-iron as one does, and then get ambushed by the complexities of the law.
- iudqnolq 3y ago
  You're mostly right. Bringing up tire irons is unfair when I explicitly mentioned things like flip-flops. I think a better example might be peaceful protest. Sure you can just not do that, but a reasonable person might want to protest. Here's another example: police officer tells you can march across bridge, then arrests you for obstructing traffic. You intuitively think this sounds like entrapment. It isn't.
- analognoise 3y ago
  >But it's not like you would just be walking down the street, knocking people out with a tire-iron as one does, and then get ambushed by the complexities of the law. I want to take a second to say how much I appreciated this line.