• fine_sandy_bottom@lemmy.federate.cc
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    2 days ago

    But as of right now, this is the only check on their power. And it is an intentional check

    You said intentional.

    It’s entirely based on the case it’s used in

    Perhaps, but if it’s ever used to support justice then it’s inevitable that it would also be used to undermine justice.

    A jury’s role is to determine whether a defendant committed the acts of which they are charged.

    Allowing a jury to determine whether the law ought to apply to a given defendant undermines the judicial system. Why bother having laws if you can simply convene a jury of citizens to determine an appropriate punishment?

    • Olgratin_Magmatoe@slrpnk.net
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      2 days ago

      You said intentional.

      I’ll grant you that I could have phrased it more clearly, but I was speaking about the 2A for that section:

      If that were the case you’d be right. But as of right now, this is the only check on their power. And it is an intentional check. The 2A was put in place to fight tyrants if it came to it, and it is quickly coming to it.

      Perhaps, but if it’s ever used to support justice then it’s inevitable that it would also be used to undermine justice.

      Yes, which is why it cannot simply be labeled corruption in all cases. It’s dependent on the case it’s used in. It can be used to free somebody from stealing food for their star ijg family, it can be used to let lynchers get away with their horrid actions, and everything in-between.

      Why bother having laws if you can simply convene a jury of citizens to determine an appropriate punishment?

      Because the majority of the time it isn’t applicable, or used. It’s an edge case.