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View Diary: Misinterpreting Legal Language is the REAL Racism (35 comments)

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  •  Than are you not (5+ / 0-)

    falling into the very trapped discussed in the post?  The point is that not only do the accused have the right to a defense, but the convicted have a right to a certain "proportionality" with respect to sentencing.

    What's next; prison time for jaywalking?  The "oversentenced" criminal might not deserve sympathy equal to that of the wrongly convicted, but the issue is as important in order for our system of jurisprudence to render justice rather than vengeance.  The two are not the same.

    Furthermore, the ability to selectively engage in harsher sentencing based on race (or any other irrelevant factor) diminishes protections against the capricious and arbitrary use of power which is supposed to be the very strength of the rule of law.

    Be ye ever so high, the law is above you.

    by Shadow of a doubt on Wed Oct 24, 2007 at 08:51:40 PM PDT

    [ Parent ]

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