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To: sit-rep
This does not make me a criminal. This makes me a victim of circumstance.

I'm sorry, but according to the letter of the law (as you've described the statute) it appears that you did in fact commit a violation.

Now, does that mean that you should be rushed through the criminal justice system and sentenced to the harshest penalty possible? Of course it doesn't. The Court should, and hopefully will, consider the surrounding circumstances and reach the conclusion that a harsh penalty would serve no purpose in this case. But, for some reason, you want the Court to consider mitigating factors in your own case while ignoring similar factors in others.

So let's look at a hypothetical: you're driving down the road, you're stopped by a traffic officer, you agree to let him search the glovebox, but instead of finding an illegal amount of mace, he finds an old, very small bag of marijuana left there by you wife years ago.

According you your proposed system, you should be given a life sentence. Unless, of course, you consider yourself a "victim of circumstance" and the Court is allowed to consider this evidence. That would be logical, that would be fair, and that would be exactly what you don't want to happen for other people.

Do you honestly believe you're the one and only "victim of circumstance" in the criminal justice system and therefore the only one that shouldn't be subject to blind, automatic sentencing?

179 posted on 06/01/2006 9:18:49 AM PDT by Dr. Nobel Dynamite
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To: Dr. Nobel Dynamite
Okay, let's try taking your 17 foot wide paint brush, set it down, and let's pic up this artist brush okay??

I am a victim of circumstance because I did not know the law regarding a twenty some year old can of mace. Everyone knows however, that it is unlawful to put a gun to someone's head and blow their brains out because we want their car.

We all know that it is illegal to go to the border and buy ten kilos of Cocaine, and come back home with it and break it up in little envelopes and sell in on the street corner...Are you seeing the difference here? I'll try it another way, just in case you still don't get it...

The prosecution of the case has the murder weapon, 17 eye witnesses, a video tape, the defendants confession. Has all of this, so, within 30 days, fry the bastard.

Case number two... Joe Coke Head. Get's caught with 463 - 1 gram envelopes of cocaine on the corner of 3rd and Vine. He is asked what he is doing, and he says he selling coke..."Want some?" He gets busted with it all and the jury finds him guilty...lock 'em up and throw away the key...

Case number three.... Me... I'm driving down the road in my wife's car and get pulled over by the cops for doing 5 over. They want to search my wife's vehicle. I let them. They find a 20 + year old can of mace that is larger than the legal limit in the glove box. Her dad gave it to her when she got her license at 16. He said, "here honey, keep this with you, just in case you need it..." Around the same time, Michigan passed a law regarding 35grms was now the legal limit. This canister was 105grms. It is listed in section 14, sub section D, listing 14.D.7...Yea, I hobby reading Michigan Statute on Friday nights. Hardly... And one can go down the street here today, walk into a surplus store and pick between 2 or 3 different manufacturers 110 gram canisters...yes, still being sold on the shelf legally!!

Okay, ignorance is no excuse...I decide no on taking a plea, and go to court...to be judged by a Jury of my peers...they nullify it, and I go free... See the difference now???????

If you are FOUND guilty, then you do the time. If you are not, then you walk the line...simple as that.

181 posted on 06/01/2006 12:56:34 PM PDT by sit-rep (http://trulineint.com/latestposts.asp)
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