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PostPosted: Thu May 20, 2010 11:53 am 
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That's dumb. Punishment must have a point. You can come down hard on these kids, deter them from doing something similar, deter others from doing something similar, and still promote them becoming the most productive members of society they can be.

Don't **** up their ability to get jobs. Don't **** up their schooling. **** up their weekends and summer for as long as you feel is necessary. These are not dangerous individuals who need to be put away to keep us safe.


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PostPosted: Thu May 20, 2010 1:27 pm 
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I completely covered the entrance to my High School with toilet paper. Completely!

I cleaned it up too. Was there with bags ready to go.

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PostPosted: Thu May 20, 2010 2:27 pm 
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Arathain Kelvar wrote:
That's dumb. Punishment must have a point. You can come down hard on these kids, deter them from doing something similar, deter others from doing something similar, and still promote them becoming the most productive members of society they can be.

Don't **** up their ability to get jobs. Don't **** up their schooling. **** up their weekends and summer for as long as you feel is necessary. These are not dangerous individuals who need to be put away to keep us safe.


Make them pay the costs of the clean-up, and give them a summer of community service. Once completed, expunge it from their records.

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19 Yet she became more and more promiscuous as she recalled the days of her youth, when she was a prostitute in Egypt. 20 There she lusted after her lovers, whose genitals were like those of donkeys and whose emission was like that of horses.

Ezekiel 23:19-20 


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PostPosted: Thu May 20, 2010 2:35 pm 
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They've already paid for the cleanup, though, and now people are trying to stick a felony on them. That's a little more harsh than community service.


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PostPosted: Thu May 20, 2010 2:38 pm 
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Lenas wrote:
They've already paid for the cleanup, though, and now people are trying to stick a felony on them. That's a little more harsh than community service.


The felony is bullshit.

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19 Yet she became more and more promiscuous as she recalled the days of her youth, when she was a prostitute in Egypt. 20 There she lusted after her lovers, whose genitals were like those of donkeys and whose emission was like that of horses.

Ezekiel 23:19-20 


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PostPosted: Thu May 20, 2010 3:11 pm 
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"Friend" of mine was the ringleader of the senior prank at my HS. He and the other students who were caught (not me) had the book thrown at them under Ohio law.

And yet, here he is a licensed educator.

Getting charges against you is not the end of the world. The jury is there to moderate prosecutorial zeal. Throw the book, if the jury is reasonable at all, the book doesn't stick. End of story.

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PostPosted: Thu May 20, 2010 4:10 pm 
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DFK, why do you think it's ok for the jury to exercise discretion, but not for the cops, prosecutor, or judge to do so?


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PostPosted: Thu May 20, 2010 4:22 pm 
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Speaking for myself, its the people who are actually judged under the law so should be the ones deciding if its just or applicable - judges and police get (ignoring that they shouldn't get) special protection and treatment from the law.

We are of by and for the people, not the employees of government.

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PostPosted: Thu May 20, 2010 5:36 pm 
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RangerDave wrote:
DFK, why do you think it's ok for the jury to exercise discretion, but not for the cops, prosecutor, or judge to do so?


Are you being serious here?


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PostPosted: Thu May 20, 2010 7:28 pm 
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Yeah, that was an honest question, Midgen.

And Elm - The jury is empaneled by the government, and the its judgments are given weight by government force in the form of prison and fines. I prefer to have multiple checks before that force is brought to bear, starting with a person (the cop) who can choose to warn instead of arrest, a person (the DA) who can choose no to prosecute, people (the jury) who can choose to acquit, and a person (the judge) who can choose to reduce or waive sentence. In short, I don't see discretion on the part of cops, prosecutors and judges as giving extra power to the government; I see it as a means of limiting the frequency and severity with which government exercises its power.


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PostPosted: Thu May 20, 2010 7:57 pm 
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You don't see giving them the power to let their friends off the hook and protect their own for the trade of favors as bad?

Combine that with the actual mechanism that is designed to protect individual (the jury) being willfully denied legal instruction and told their job is to only rule if the law is violated or not and those who attempt to inform them being held in contempt.

No, they are servants - not decision makers. If they want to make decisions they can turn in their office and sit on a jury.

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PostPosted: Thu May 20, 2010 8:06 pm 
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They may be servants but they are also decision makers. They absolutely should have discretion. The fact that some might misuse it is not an argument against this; some people will misuse anything, and no person could ever be trusted to do anything.

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PostPosted: Thu May 20, 2010 9:09 pm 
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The jury is empaneled by the government, and the its judgments are given weight by government force in the form of prison and fines. I prefer to have multiple checks before that force is brought to bear, starting with a person (the cop) who can choose to warn instead of arrest, a person (the DA) who can choose no to prosecute, people (the jury) who can choose to acquit, and a person (the judge) who can choose to reduce or waive sentence. In short, I don't see discretion on the part of cops, prosecutors and judges as giving extra power to the government; I see it as a means of limiting the frequency and severity with which government exercises its power.


Don't they do all these things already? I'm fine with that. I like the idea of each case being looked at on it's own merits and the decisions being made at each step of the process.

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PostPosted: Fri May 21, 2010 12:46 am 
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RangerDave wrote:
Yeah, that was an honest question, Midgen.

And Elm - The jury is empaneled by the government, and the its judgments are given weight by government force in the form of prison and fines. I prefer to have multiple checks before that force is brought to bear, starting with a person (the cop) who can choose to warn instead of arrest, a person (the DA) who can choose no to prosecute, people (the jury) who can choose to acquit, and a person (the judge) who can choose to reduce or waive sentence. In short, I don't see discretion on the part of cops, prosecutors and judges as giving extra power to the government; I see it as a means of limiting the frequency and severity with which government exercises its power.


Giving discretion to the enforcing body only yields corruption, it yields no true positive in the long run.

Laws must be clear and enforcement must be consistent for justice to prevail.

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PostPosted: Fri May 21, 2010 1:06 am 
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RangerDave wrote:
Yeah, that was an honest question, Midgen.

And Elm - The jury is empaneled by the government, and the its judgments are given weight by government force in the form of prison and fines. I prefer to have multiple checks before that force is brought to bear, starting with a person (the cop) who can choose to warn instead of arrest, a person (the DA) who can choose no to prosecute, people (the jury) who can choose to acquit, and a person (the judge) who can choose to reduce or waive sentence. In short, I don't see discretion on the part of cops, prosecutors and judges as giving extra power to the government; I see it as a means of limiting the frequency and severity with which government exercises its power.


Kinda makes a strong argument for jury nullification, no?

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19 Yet she became more and more promiscuous as she recalled the days of her youth, when she was a prostitute in Egypt. 20 There she lusted after her lovers, whose genitals were like those of donkeys and whose emission was like that of horses.

Ezekiel 23:19-20 


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PostPosted: Fri May 21, 2010 6:38 am 
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DFK! wrote:
Giving discretion to the enforcing body only yields corruption, it yields no true positive in the long run.

Laws must be clear and enforcement must be consistent for justice to prevail.


This is nonsense. It does not "yield corruption"; corruption comes from a failure of character and will occur anyhow. More importantly, discretion always exists. The polie and prosecutors will always be the ones deciding if they have a reason to charge a person with an offense.

Clear laws and consistent enforcement are not precluded by discretion. In fact, they are enhanced by it. It is NOT just to charge juevniles with felonies simply to assuage the fears of adults that corruption might occur in completely unrelated matters.

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PostPosted: Fri May 21, 2010 6:39 am 
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Rynar wrote:
RangerDave wrote:
Yeah, that was an honest question, Midgen.

And Elm - The jury is empaneled by the government, and the its judgments are given weight by government force in the form of prison and fines. I prefer to have multiple checks before that force is brought to bear, starting with a person (the cop) who can choose to warn instead of arrest, a person (the DA) who can choose no to prosecute, people (the jury) who can choose to acquit, and a person (the judge) who can choose to reduce or waive sentence. In short, I don't see discretion on the part of cops, prosecutors and judges as giving extra power to the government; I see it as a means of limiting the frequency and severity with which government exercises its power.


Kinda makes a strong argument for jury nullification, no?


Yes, in the sense that it is one more check. No, in the sense that it should not be the only check. Juries are highly imperfect.

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PostPosted: Fri May 21, 2010 8:56 am 
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PostPosted: Fri May 21, 2010 10:59 am 
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Our Senior Prank was a ditch day. Pretty pathetic truth be told.

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PostPosted: Fri May 21, 2010 12:36 pm 
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Micheal wrote:
Our Senior Prank was a ditch day. Pretty pathetic truth be told.


Same. And I was out of the loop enough that I didn't know about it until third period...

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PostPosted: Fri May 21, 2010 12:59 pm 
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Diamondeye wrote:
DFK! wrote:
Giving discretion to the enforcing body only yields corruption, it yields no true positive in the long run.

Laws must be clear and enforcement must be consistent for justice to prevail.


This is nonsense. It does not "yield corruption"; corruption comes from a failure of character and will occur anyhow. More importantly, discretion always exists. The polie and prosecutors will always be the ones deciding if they have a reason to charge a person with an offense.


And minimizing that discretion is key to minimizing corruption. Unless you wish to refute the nature of government and man for about 5000 years.

DE wrote:
Clear laws and consistent enforcement are not precluded by discretion. In fact, they are enhanced by it. It is NOT just to charge juevniles with felonies simply to assuage the fears of adults that corruption might occur in completely unrelated matters.


Perhaps the law should be changed, then, to exempt juveniles. Any other response undermines the system by reducing consistent application of the law.

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PostPosted: Fri May 21, 2010 1:09 pm 
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DFK! wrote:
And minimizing that discretion is key to minimizing corruption. Unless you wish to refute the nature of government and man for about 5000 years.


It isn't any such key, and I don't need to refute anything. "The nature of government and man" is not an argument.

DE wrote:
Perhaps the law should be changed, then, to exempt juveniles. Any other response undermines the system by reducing consistent application of the law.


No it doesn't. The system is in no way undermined. The law would only be applied "consistently" by applying it exactly the same in every case if every case were identical to begin with.

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PostPosted: Fri May 21, 2010 1:26 pm 
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Diamondeye wrote:
DFK! wrote:
And minimizing that discretion is key to minimizing corruption. Unless you wish to refute the nature of government and man for about 5000 years.


It isn't any such key, and I don't need to refute anything. "The nature of government and man" is not an argument.

DE wrote:
Perhaps the law should be changed, then, to exempt juveniles. Any other response undermines the system by reducing consistent application of the law.


No it doesn't. The system is in no way undermined. The law would only be applied "consistently" by applying it exactly the same in every case if every case were identical to begin with.



Any law that cannot be predictably and equally applied is unjust. giving discretion to enforcement officers only gives them the opportunity create a "pass" for those they see fit. Which has happened throughout history.

Hence, just law must curtail discretion in enforcement.

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PostPosted: Fri May 21, 2010 1:38 pm 
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DFK! wrote:
Any law that cannot be predictably and equally applied is unjust.


You're not talking about predictability or equality. You're talking about doing things in blindly identical fashion which is inhernetly unequal, unjust, and unfair.

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Giving discretion to enforcement officers only gives them the opportunity create a "pass" for those they see fit. Which has happened throughout history.


Which there is nothing inherently wrong with, your attempts to make it sound like some sort of problem with predjudicial language notwithstanding. It only results in problems when the pass is given for reasons unrelated to the incident itself. In that case, the problems are dealt with individually.

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Hence, just law must curtail discretion in enforcement.


False. Your ideas of what is just are absurd.

Claiming that a 17 year old needs to be charged with a superfluous felony just so that your ideas of "just law" can be satisfied is ridiculous.

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PostPosted: Fri May 21, 2010 2:32 pm 
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Wow this seems over the tops.

Had the authorities over reacted to pranks like this when I was in high school we would have gotten into some trouble.


What would the penalty be for slimjimming into someone's car and filling it to the tops of the windows with popcorn?
:D


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