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To: MrLeRoy
Most legal commentators agree Judge Breyer made the technically correct call. Under traditional notions of relevance, if a fact does not make an element of the crime (i.e., growing marijuana) more or less likely, it is irrelevant.

Lawyers, a question if you please: I realize that words have different meanings in a legal sense than they do in everyday usage, but how can the reason why someone's doing something always be irrelevant to the action of doing it? It makes more sense when you consider a guy sticking up a grocery store to pay for Jenny Lee's new braces, but is it always such a hard-and-fast rule?

17 posted on 11/06/2003 6:10:48 AM PST by Hemingway's Ghost
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To: Hemingway's Ghost
I'm not a lawyer (but I play one on FR), but I think the reason becomes relevent during sentencing, after guilt has been determined.

This is similar to a defendant's criminal history -- his past record is not relevent when determining guilt, but is relevent during sentencing (ie, the three strikes law).

20 posted on 11/06/2003 6:41:48 AM PST by robertpaulsen
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