How naive can you be?

[luv2luv]

One of the two things about the law that has amazed me the most over the years is the difference in laws state to state. Quite often, it's not so much what you did as where you did it. You're seeing this every day now with marijuana laws which make what's illegal pretty bizarre. Jump in if you know the particulars, but in some places, isn't it legal to buy it and smoke it but not to transport it? And the quantity of a particular drug that makes possession a felony varies widely state to state. And, of course, in Nevada, I can go to a legal brothel and fuck my eyes out for money. Not so in Texas.

[Crock]

Originally Posted by luv2luv

One of the two things about the law that has amazed me the most over the years is the difference in laws state to state. Quite often, it's not so much what you did as where you did it. You're seeing this every day now with marijuana laws which make what's illegal pretty bizarre. Jump in if you know the particulars, but in some places, isn't it legal to buy it and smoke it but not to transport it? And the quantity of a particular drug that makes possession a felony varies widely state to state. And, of course, in Nevada, I can go to a legal brothel and fuck my eyes out for money. Not so in Texas.

Is the other thing that amazed you the fact that statutes are only half of the law?

I guess I always kinda knew it, but when I started dealing with attorneys more, I was shocked at how much of the law comes from prior cases. I think the easiest example to point to is Miranda. We all know that cops have to "read you your rights" before they ask you questions when you're in their custody. Most of know that they're called Miranda Rights. Some of us know that it comes from a Supreme Court decision, and that decision made it the law of the land in the United States. There are thousands and thousands of other cases that have created laws, even though there's no statute on the books.

[luv2luv]

No, although you make a good point. The other thing is the latitude that judges have in their courtrooms. They can pretty much make up the law as they go. Of course, that gives grounds for appeal, but Boy, have I seen some bizarre things in a courtroom.

[Crock]

Originally Posted by luv2luv

No, although you make a good point. The other thing is the latitude that judges have in their courtrooms. They can pretty much make up the law as they go. Of course, that gives grounds for appeal, but Boy, have I seen some bizarre things in a courtroom.

Ah, and another strange/cool thing that can happen in a courtroom: Jury nullification!

If a law (statute) is passed, and someone clearly violates that law, and it's proven in the courtroom, the jury can still decide that the law is unfair/ ridiculous/ stupid /whatever and not convict the person for violating that law.

If you surround the word 'stupid' with slashes, it makes the following smiley: /