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A punishment is designed to be for the good of the punished. If a baby eats sand you spank him so he does not eat sand anymore. You would not spank the baby for eating brocholli just because it wasn't dinner time.

However it is impossible to make laws that cover every possible scenario, so there must be ways to determine if an action was justified after the action takes place.

Driving with a revoked license is just one example of a law that should be like that.

2006-07-10 18:57:05 · 9 answers · asked by Batman 3 in Politics & Government Law & Ethics

9 answers

The point of revoking a license is to deny the offender further driving privileges, usually because of a history of abusing the driving privilege by some means. It can also be conditional, as in the case where a conditional license is issued to allow driving to and from work. That is an example of making an advance allowance for a foreseeable "good reason" that a person might have to drive.

There are also circumstances where violations couldn't be successfully prosecuted, such as if the driver is under some compulsion (i.e. someone has a gun to his head) or justification (i.e. to respond to a bona fide emergency). If the facts are in doubt, the way to determine whether there was a good reason is by putting the person to trial and allowing a fact finder (a judge or a jury) to make that decision.

The law is more responsive that you think,but it is also not stupid. Only very good reasons will excuse a breach of law and that's a very rare occurence.

In sum, there is a way to determine if an action was justified after the action takes place. It's called a trial.

2006-07-10 21:10:14 · answer #1 · answered by Anonymous · 3 0

Not really sure I understand what your getting at or the baby spanking bit. If you are saying that it should be alright to drive with a revoked license because you were trying to get to school and not just out to have fun, I think your reasoning is still wrong. Its like saying to the police officer who pulls you over for doing 90 in a 65 mph zone, that is was ok to go that fast because there were no other cars around. You can't just pick and choose what and when laws apply to you. Imagine if everyone did that. Its really simple, if your license is revoked - don't drive! If you can't do the time - don't do the crime.

2006-07-10 19:10:24 · answer #2 · answered by Charles M 1 · 0 0

The judicial system is also equipped to handle the many varied situations that people find themselves in by giving the judge a wide discretion in assigning punishment. Laws may dictate a maximum or minimum penalty for certain crimes as public policy may dictate, but a judge has a lot of discretion depending on the circumstances, and can even rule in contradiction of what the jury decides, if the jury finds in such a way that no reasonable person could.

The legal system isn't quite as rigid and inflexible as most people imagine.

2006-07-10 19:29:30 · answer #3 · answered by Mr.Samsa 7 · 0 0

I assume you mean that driving with a revoked license might be acceptable in a given situation, such as a life or death emergency?

I would imagine only a hard-hearted person would prosecute if your violation was in the execution of an attempt at survival, but there is a fine line which must not be crossed, hence why some folks are only restriced from driving, whilst others are banned altogether.

2006-07-10 19:06:15 · answer #4 · answered by taishar68 2 · 0 0

Laws don't have to define every likely scenario - that's where you're going wrong.

The whole point of the "judicial" system is to interpret the laws and constitutional rights that have been put in place by the legislative branch. It is not in the legislative branch's best interest to define all circumstances in which a law "may or may not cover". If they did, you'd have a lot of wasted space and no need for the judicial branch.

Checks and balances, my friend. Checks and balances...

2006-07-10 19:16:33 · answer #5 · answered by Anonymous · 0 0

That's what courts and juries are for. There have been many cases when people were excused for justifiable crimes. It's up to a jury, that's why we have them.

2006-07-11 10:55:20 · answer #6 · answered by Anonymous · 0 0

You wanna hear stupid laws?

In Ottumwa, Iowa, "It is unlawful for any male person, within the corporate limits of the (city), to wink at any female person with whom he is unacquainted."

In Los Angeles, you cannot bathe two babies in the same tub at the same time.

In Carmel, N.Y., a man can't go outside while wearing a jacket and pants that do not match. << Note: this law isn't silly. Write your legislators today and get this PASSED in your area now!!>>

In St. Louis, it's illegal to sit on the curb of any city street and drink beer from a bucket.

In Hartford, Conn., you aren't allowed to cross a street while walking on your hands.

In Baltimore, it's illegal to throw bales of hay from a second-story window within the city limits. It's also illegal to take a lion to the movies.

In Oxford, Ohio, it's illegal for a woman to strip off her clothing while standing in front of a man's picture.

In Carrizozo, N.M., it's forbidden for a female to appear unshaven in public (includes legs and face).

In Pennsylvania it is illegal to have over 16 women live in a house together because that constitutes a brothel...however up to 120 men can live together, without breaking the law.

In Michigan, a woman isn't allowed to cut her own hair without her husband's permission.

In New York, it is against the law to throw a ball at someone's head for fun.

The state of Washington has passed a law stating it is illegal, I repeat, illegal, to paint polka dots on the American flag.

In order for a pickle to officially be considered a pickle in Connecticut, it must bounce.

To keep any of the incarcerated beast from picking up bad habits, the town of Manville , NJ decreed that it is illegal to feed whiskey or offer cigarettes to animals at the local zoo.

If you sell hollow logs in Tennessee, you are breaking the law.

Compulsive gamblers stay out of Richmond, VA: it is even illegal to flip a coin in a restaurant to see who pays for the coffee.

Have it your way, but don't share it in OK. This state forbids a person from taking a bite out of another person's hamburger.

In the state of New York, you need a license to use a clothesline outdoors.

What happens to doughnut holes? Well, they won't be found in Lehigh NE. Selling doughnut holes in this city is verboten.

And if any retirees from the circus are thinking about settling down and farming in NC, they are forwarned right here and now that it is against the law in this state to use elephants to plow cotton fields!

It is illegal to take more than 2 baths a month within Boston confines. Two people cannot kiss in front of a church.

All Public Displays of Affection (PDAs) are forbidden on Sunday.

2006-07-10 19:06:54 · answer #7 · answered by Anonymous · 1 0

sure, whatever the heck you say.

2006-07-10 19:13:47 · answer #8 · answered by Anonymous · 0 0

WHAT?

2006-07-10 19:00:51 · answer #9 · answered by sexxymexxy926 3 · 0 0

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