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Praetorianus October 19th, 2013 1:27am

Again, two different islands, two laws. In Equalia, there is a fixed punishment for each crime with few exceptions like small kids. In Differia, motive, circumstances etc are so much considered that the judge has a huge leeway in sentencing. Support?

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10/18/13 6:39 pm

I would go with Differia. I think circumstances and other factors should be considered. The mandatory sentencing laws drive me crazy. I thought we hired judges to judge, not enforce mandates.

Praetorianus Fair enough.
10/18/13 7:36 pm

In practice, a mandatory MINIMUM sentence may be appropriate in some cases to prevent the kind of abuse someone mentioned below but my fictitious scenario has Equalia doling out mandatory STANDARD sentences and that looks unfair to me.

bethanyq Ess Eff
10/18/13 6:36 pm

I'm going to assume that since Differia seems premised on notions of fairness, there are also reasonable guidelines/limitations for the discretion (eg, you can appeal a sentence that is blatantly unfair), so with that in mind I voted Differia.

Kay41 the Midwest
10/18/13 6:37 pm

Good point.

Praetorianus Fair enough.
10/18/13 6:38 pm

I'd think so. In Equalia, you also wouldn't have the option to not press charges, it's simple but rigid. Inspired by some poster who said "theft is theft murder is murder" or so.

Praetorianus Fair enough.
10/18/13 6:40 pm

Btw, I think every time someone says "so what if the perp had a bad childhood, I don't care" he votes for Equalia.

bethanyq Ess Eff
10/18/13 6:43 pm

Hahahaha, nice analogy. I'm generally inclined to that way of seeing things, particularly since, as a litigator, pretty much every day means learning new shades of gray...

TerryQuinn Stardust
10/18/13 6:48 pm

I'm generally against mandatory sentences but the Differia you described in your question sounded like it was open to major abuses. One person getting a week in jail; another a year, just because the judge didn't like how he looked.

Praetorianus Fair enough.
10/18/13 6:30 pm

Of course equal sentencing is easier. Petty theft, 90 days, case closed. But often there are individual differences. It's not the same if someone overreacts after much taunting and beats the other up or starts a fight because he's spoiling for it.

Praetorianus Fair enough.
10/18/13 6:33 pm

And what if the victim doesn't feel victimized? Two friends get drunk and have a brawl that lands one in the hospital but he doesn't want to press charges because they made up. In Equalia, that wouldn't matter. I voted Differia.

Ebola1 Florida
10/19/13 4:40 am

I voted for Diferia but you're starting to talk me out of it.