A Right to Argue the Justness of Laws. There are laws that many of us find unjust. Some of us find that the drug laws are too strict. Maybe a 55mph speed limit on an open road with no traffic seems a little unfair. Do copyright laws seem a little draconian? Such big fines and jail time for simply copying Q3A and giving it to a friend. It is possible to be technically guilty of a crime and yet argue that the law itself is actually in the wrong. Currently, South Dakota wants to pass an amendment that will give defendants the right to challenge laws. [kuro5hin.org]
Although the kuro5hin.org article doesn’t say so, reading the linked article makes it clear that this is indeed backed by the Fully Informed Jury Association. Defendendants actually do already have the right to challenge the law they’re charged with breaking, but the “justice” system in the US has routinely stomped on that right for about 100 years now. I certainly hope the people in South Dakota succeed in reasserting their rights!
Leave a Reply