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> That will be part of the defense argument presented to the jury. Intent matters tremendously in the legal system (mens rea). It does, but “he did bad-but-leg
by dragonwriter 2y ago
> That will be part of the defense argument presented to the jury. Intent matters tremendously in the legal system (mens rea).
It does, but “he did bad-but-legal things that morally justify my client’s premeditated homicide” is only legally relevant to proving premeditation, which doesn’t help the defense, and which the prosecution will be more than happy to stipulate to rendering the evidence irrelevant.
> This isn’t random, this is very, very targeted.
That’s not a fact in the defense’s favor, legally.
- marssaxman 2y agoIn terms of the jury's willingness to convinct, however, it is likely to weigh heavily.
- dragonwriter 2y agoThe fact that evidence is likely to make the jury act on factors outside of the law, combined with it being irrelevant to any legally relevant point in dispute, weighs heavily against it being allowed to be presented at all.