[net.suicide] lawyers, guilt and murderers

taylor (01/10/83)

Why do lawyers who use legal loopholes to allow murderers back on the street
to kill again, not feel guilty.  If lawyers do not feel depressed enough to 
commit suicide over the murder they could have have prevented, by not using
every loophole the law allows, why are they not at least depressed enough
to stop using the loopholes?

mike taylor

upstill (01/11/83)

What is the difference between a loophole and a legitimate legal
maneuver?  To a lawyer, they are the same.  Why?  Because the
definition of a right and proper move is "one that is within the
law" and the proof of propriety is that it stands up in court.
Thus, there is no such thing as a loophole in the sense of an
act which is legally proper but morally wrong.  The law IS right.

berry (01/13/83)

#R:wivax:-203900:zinfandel:11700004:000:341
zinfandel!berry    Jan 12 11:16:00 1983

What you have to remember is that courts have nothaing at all to
do with justice.  They are courts of LAW, not justice.  If the law says all
rapists with red hair who whistle 'Dixie' during their arrest go free, then go 
free they shall.  It is the task of legislators to ensure that administration
of the laws shall approximate justice.
  

bentson (01/15/83)

The American courts have two functions: to hear cases of law and
to hear cases of equity. It's in this second role that the courts
can issue injunctions, etc. to prevent or right a wrong. It's in
this role that the courts are specifically concerned with justice.
(One should note that this dual function is being merged with the
addition of laws controlling what the courts can do in cases of
equity.)

But as was pointed out, the legislators should ensure that the laws
are also just.

notes@zeppo.UUCP (10/17/83)

#R:wivax:-203900:zeppo:12300001:000:1
zeppo!Anonymous    Jan 11 09:15:00 1983

notes@zeppo.UUCP (10/17/83)

#R:wivax:-203900:zeppo:12300002:000:112
zeppo!Anonymous    Jan 11 09:16:00 1983

I suppose that a desire to be Sir Thomas More is appropriate
to this newsgroup, considering how he ended up....