Posted Mar 16, 2012 9:42 UTC (Fri) by mpr22 (subscriber, #60784)
[Link]
do you actually want judges deciding if you were being reasonable or not?
Yes, since (a) I don't think making all criminal offences be strict-liability and fixed-penalty is a good idea (b) some criminal-trial defences I regard as morally legitimate depend on the court having that discretion.
Seigo: Spark becomes Vivaldi
Posted Mar 16, 2012 22:53 UTC (Fri) by man_ls (subscriber, #15091)
[Link]
do you actually want judges deciding if you were being reasonable or not?
Given that it is their job, yes. Except when there's a jury, and even then. Do you really want lawyers billing you by the hour to make that call?