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That you can read the law such that your hypothetical Go Pro wearer is guilty of those things, doesn't mean that prosecutors would ever bring such a case. Laws
by Systemist 11y ago
That you can read the law such that your hypothetical Go Pro wearer is guilty of those things, doesn't mean that prosecutors would ever bring such a case. Laws are drawn more broadly than they're enforced, and even an overzealous prosecutor has to get through a judge and jury.
- forrestthewoods 11y agoJury's often make immoral rulings because the law is the law as they're following instructions. Prosecutors are notorious for being overzealous shitbags. So that leaves the judge. They probably react fairly more often than not. Maybe even in the vast majority of cases. I wouldn't wager a single dollar, much less my freedom, on a judge acting fairly or rationally. Far too risky.
- digler999 11y ago> even an overzealous prosecutor has to get through a judge and jury. No, what they do is threaten you with some hypothetical 30 year term if they were to charge you will all the broad interpretations of the law. This fear of hard time is then used as a carrot to get you to plead guilty to lesser charges that you may not have even done. They get around the "judges" by the minimum sentencing laws: "sorry, my hands are tied, I have to lock you up for ____ years because I have to follow federal sentencing guidelines." Furthermore, there is a huge incentive to prosecute "sex crimes" because that's a gold star for the prosecutor/judge. At the end of the year, or at election time they can say "We locked up N sex offenders this year for a combined total of X years".
- Lawtonfogle 11y agoEven if a prosecutor wasn't going to bring a case (and I've seen other just as stupid situations involving prosecutors going full force that I am not convinced they wouldn't), it still ends up having a chilling effect.