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by s1artibartfast 413 days ago
Im talking about intent: knowingly and intentionally breaking the law.

I understand that honest mistakes happen due to inaccurate information, understand, ect.

- e.g. you thought a cop was a burglar.

These are different from poor and regrettable choices, also sometimes referred to as "mistakes".

  - I beat my wife because I caught them cheating. 
There may be an interpretation of this situation where judge did not understand their situation and actions, but I don't find it very probable. It seems clear that they were trying to help the target of a legal warrant evade law enforcement apprehension, and knew exactly what they were doing.
2 comments

People do dumb things in stressful situations. To your "I beat my wife because I caught them cheating" example, there's a world of difference between:

1) I walked in. An argument and a fight ensued.

2) I found out about it, went of and thought, and made the choice.

There's a hierarchy, including:

https://en.wikipedia.org/wiki/Provocation_(law) https://en.wikipedia.org/wiki/Insanity_defense

I find it entirely probable that the judge didn't know or understand, in the moment, their situation and the implications of their actions. Indeed, I will go one step further. If ICE does illegal things 100 times, then it's reasonable to expect an unreasonable reaction maybe 10% of the time.

https://en.wikipedia.org/wiki/Proximate_cause

If I were a judge, and someone came into court with an "administrative warrant," I might not want them disturbing my courthouse either. I might want parties to feel safe there, and be concerned about miscarriages of justice if parties are scared to show up.

People do dumb things in stressful situations. To your "I beat my wife because I caught them cheating" example, there's a world of difference between:

1) I walked in. An argument and a fight ensued.

2) I found out about it, went of and thought, and made the choice.

There's a hierarchy, including:

https://en.wikipedia.org/wiki/Provocation_(law)

https://en.wikipedia.org/wiki/Insanity_defense

I find it entirely probable that the judge didn't know or understand, in the moment, their situation and the implications of their actions. Indeed, I will go one step further. If ICE does illegal things 100 times, then it's reasonable to expect an unreasonable reaction maybe 10% of the time.

https://en.wikipedia.org/wiki/Proximate_cause

If I were a judge, and someone came into court with an "administrative warrant," I might not want them disturbing my courthouse either. I might want parties to feel safe there, and be concerned about miscarriages of justice if parties are scared to show up.

The trick here is to have policies ahead-of-time, and especially, to let judges know about this sort of thing ahead-of-time. If police show up at my door, I might make a mistake. If they let me know ahead of time, and I have time to think, I hopefully won't.