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Because leniency when applying the law is often the most just course of action. Consider for instance a battered spouse who murders their abuser. Murder laws
by lupusreal 3y ago
Because leniency when applying the law is often the most just course of action. Consider for instance a battered spouse who murders their abuser. Murder laws don't have built in leniency for every conceivable mitigating circumstance because it is expected that judges and juries will decide when it's appropriate to be lenient on a case-by-case basis.
- jncfhnb 3y agoLeniency “as often as harshness” was the claim. Not just leniency.
- twoodfin 3y ago"As often as" in colloquial English doesn't mean "with exactly the same frequency as". Typically it means (and I meant): "with at least the same frequency as". This, by the way, is the kind of non-mechanical, subjective analysis judges and juries are expected to perform all the time.
- jncfhnb 3y agoOk sure but judges are famously biased so that’s dumb. Suppose it were a voluntary option. What happens when Black people prefer AI judge over the white judge? How often are we really asking about empathy for a situation vs empathy for social privilege?