Here's why we can't have nice things.

Growler · 12-02-10, 12:52 PM

The problem with mandatory sentences is the lack of actual judgment by the judge. Mitigating circumstances matter.

Case in Point: I have heard more than one "baby-delivery" story from mothers who tell of high-speed rides to the hospital that, instead of resulting in the immediate incarceration of the driver, instead end with a police escort to the ER.

Clearly, this circumstance isn't the same, but the exercise of judgement is. After having the situation explained to them by the defendant's mother, who initiated and then aborted the call, why should the LEOs have any reason to ask to search his vehicle? That's the judgment question. No crime had been committed.

If nothing else, I think that we can agree that the article is perhaps not telling the complete story.

12-02-10, 12:52 PM	#6
Growler A long way from the sea Join Date: May 2005 Location: Iowa Posts: 1,913 Downloads: 21 Uploads: 0	The problem with mandatory sentences is the lack of actual judgment by the judge. Mitigating circumstances matter. Case in Point: I have heard more than one "baby-delivery" story from mothers who tell of high-speed rides to the hospital that, instead of resulting in the immediate incarceration of the driver, instead end with a police escort to the ER. Clearly, this circumstance isn't the same, but the exercise of judgement is. After having the situation explained to them by the defendant's mother, who initiated and then aborted the call, why should the LEOs have any reason to ask to search his vehicle? That's the judgment question. No crime had been committed. If nothing else, I think that we can agree that the article is perhaps not telling the complete story. __________________ At Fiddler’s Green, where seamen true When here they’ve done their duty The bowl of grog shall still renew And pledge to love and beauty.