From: Rafal Smigrodzki (rms2g@virginia.edu)
Date: Thu Jan 09 2003 - 14:44:02 MST
Steven Harvey wrote:
> Mere randomness isn't objectionable. In fact most speeders,
> drug users, etc. aren't apprehended. Nor do police methods
> generally aim at discovering all offenders. (IMO)
### What about laws that nominally are on the books, but have not been
invoked in decades, despite evidence of a huge number of violations? Can the
prosecution use an obsolete statute, and can you use an "obsolescence
defense"? Will the jurors be allowed to take obsolescence into
consideration?
What if the defense was able to show that the prosecution specifically
excludes certain groups of offenders (e.g. police officers, judges, local
politicians) from ever being prosecuted for identical offenses? Would a
total transparency record of the judge and mayor seen speeding (=doing the
70 mph in 55 mph zone) be admissible?
Rafal
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