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The Range
Law & Order
Guilty until proven innocent
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<blockquote data-quote="Annie" data-source="post: 3007993" data-attributes="member: 42224"><p>The short answer is because judges are human. And in a position of power. Some of them for life.</p><p></p><p>Constitutionality, believe it or not, is often times argued based on the facts (stipulations) and affirmative defenses of a case. Then the appeals process starts. You can send the exact same case through two different federal circuits and I'd bet you a steak dinner you'd have a good chance of getting a different verdict at the end of that appeals process from each circuit.</p><p></p><p>That's why lawyers, oftentimes, will BEG their clients to take a plea deal. You just never throw yourself at the mercy of a jury (or worse a judge) unless you absolutely have to. Too, too, too many variables, even when the facts of the cases are exactly the same.</p></blockquote><p></p>
[QUOTE="Annie, post: 3007993, member: 42224"] The short answer is because judges are human. And in a position of power. Some of them for life. Constitutionality, believe it or not, is often times argued based on the facts (stipulations) and affirmative defenses of a case. Then the appeals process starts. You can send the exact same case through two different federal circuits and I'd bet you a steak dinner you'd have a good chance of getting a different verdict at the end of that appeals process from each circuit. That's why lawyers, oftentimes, will BEG their clients to take a plea deal. You just never throw yourself at the mercy of a jury (or worse a judge) unless you absolutely have to. Too, too, too many variables, even when the facts of the cases are exactly the same. [/QUOTE]
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