Question:

What would you call a legal system which applies criminal law equally to everyone w/o exception?

by  |  earlier

0 LIKES UnLike

Pls leave out civil laws as this Q does not apply to those kinds of laws per my Q as I have asked it.

 Tags:

   Report

4 ANSWERS


  1. unrealistic.  Not all people are the same and not all crimes are the same.  Robbery, for example, involves taking property by force.  It can be an armed invasion of a bank or a shoplifter who pushes a security guard out of the way.  Those two are guilty of the same crime but ought not to be treated the same.  


  2. .  It would be the Utopian system and it would be perfect.

  3. I am struggling with what you mean by "applies criminal law equally to everyone".  Do you mean that if a person is accused of any crime, is tried and found guilty, that there would only be one penalty (for example, life in prison) regardless of the crime?   If that is the case, I would say it would be unwise and unjust.

    If you are saying that each type of crime has a specific penalty and that a person found guilty of a crime would receive the penalty set out for that particular crime, then I would call that a fair system.  A crime is a crime regardless of the motivation.  

    Such a legal system would be impractical, however.  Human nature dictates that man (and by man I mean mankind) will always question, will always strive to improve or change, and will always try to find a way around any system.  At least that is my take on it.  

  4. I take your question in the broader sense than just the definition of and sentences for crimes. If that is a correct interpretation, then that is the ideal system and that which we here in the U.S. aspire, but fail, to reach. Justice is supposedly blind, but we know that it is not in the real world. There are too many examples of race based charging (i.e., only minorities are targeted or charged) that can be found in the daily press to even begin to cite. Regardless of its flaws we still have the best system - the presumption of innocence, right to an attorney, etc. that is not found everywhere.

    If that is not the correct interpretatioin of your question, then I would call such a system harsh as it leaves no discretion to look at mitigating versus aggravating circmstances of the crime.

Question Stats

Latest activity: earlier.
This question has 4 answers.

BECOME A GUIDE

Share your knowledge and help people by answering questions.
Unanswered Questions