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by jessaustin
3599 days ago
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Normally I'd be unhappy about this sort of prosecutorial overreach, but in this case I guess the lesson would be not to overlook the corruption of fellow judges. High school students are held to that standard; I think we can hold judges to it. Even if the co-defendant didn't profit as enthusiastically from the false imprisonment of children, he had to have known it was happening. |
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I too am pleased with the outcome. However, the law is about fairness in process, not fairness in outcome. In a case like this, the judge is often so disgusted by the defendant that they make up their mind and find a legal justification afterwards.
The precedent judges set in order to convict "bad" defendants can then be used in other less serious cases. From this comes the common saying amongst lawyers, "Bad cases make bad law."
For example, raiding a paedophile's home without a warrant or probable cause is satisfying, and often just in outcome. However, it is not just in process if the judge allows the evidence to be admitted. If a precedent is set in that case, prosecutors will take it as judicial license to raid more homes without warrants. The evidence from those raids can then be admitted under whatever tortured theory the appellate judge used to ensure the paedophile was convicted.
Remember, once the government sets a precedent, there is nothing to keep them from applying it to you.