Quote:
Originally Posted by Rococo
David,
Below is an example of a thread you started that had all sorts of unwarranted and unstated assumptions about human behavior. I'm not offended by these sorts of comments, but they are so detached from the real world as to be little more than thought experiments. Maybe you understood as much when you made the thread. I don't know.
When I talk about 5-4 decisions being reviewable, or the randomness of justices dying (and now a new idea of mine that each justice should have a vice justice) or the benefit of a voter test (and my new idea that those 80% who don't pass get one rather than two votes, or a second different idea that you must sit in a class for an hour if you don't pass the test the first time, and again the second time, but if you do you automatically now pass because you tried) or ideas to stop silly laws for individual states ("not available in Iowa") I don't talk about them because I think they will be implemented. They are just out of the box thoughts without regard to their chances of happening. In law I have six:
The death penalty should require, if you have it at all, "beyond a shadow of a doubt"
Kidnappers and those involved in serious crimes should get some leniency if they choose not to kill
Along similar lines, escaped prisoners should have a few days window of amnesty if they return without hurting anyone.
Penalties should take into account the perps pot odds.
Institutionalized released prisoners should be allowed to "stipulate" to a crime rather than actually commit one to get back inside.
If you see someone rotting in jail with all appeals exhausted, you should get amnesty if you confess to that crime you got away with, to get him released.
I don't find it necessary to consider whether there is something about human nature that would keep these ideas from happening.