(May 20, 2013 at 11:39 am)Minimalist Wrote: I see your point, Divi Tiberio, I just think you are giving law waaaayyy too much credit to handle nuance.Do you think the current system is fair? This really was never about whether judges would make good decisions about it; this was about giving young couples a chance to not automatically be charged with felonies because they violated an absolute rule.
Yes, some judges will make bad decisions, but then, you can't ever have a system which makes 100% fair ones. The idea of having a flexible law is so good judges can make good decisions.