Hobbit@Law

Looking carefully at that which is unseen.

Thinking about: Cruel and unusual punishment

It has to be some form of cruel and unusual punishment, which says, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” to have to deal with a judge who has a degree in sociology. Not that most defendants want to listen to judges anyway, but it has to be even worse to hear something like, “Look. The social group demands conformance, which means at minimum obedience of the group’s laws. You are here in front of the court today because you’ve chosen not to obey one or more of those laws, and thus a penalty is now being imposed. The purpose of a penalty is to encourage a party to remediate its behavior. Now, Plan A is for the imposed penalty to cause you to remediate YOUR behavior, such that you never have cause again to come before this court. That works with many people, and is the least painful for all parties involved. However, there is also what is known as Plan B. Plan B is what happens upon my determination that you have no intention or potential to remediate your behavior, which leaves me no choice but to smack the living bejeebers out of you such that the guy NEXT to you remediates HIS behavior, in the hope that he gets to keep his bejeebers intact. Your mission now is to convince me that I need to proceed with Plan A in regard to dealing with you, rather than resorting to Plan B.”

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