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Old 04 June 2014, 03:02 PM
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UEL UEL is offline
 
Join Date: 01 August 2004
Location: Fredericton, Canada
Posts: 9,339
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Quote:
Originally Posted by JoeBentley View Post
The thing is we shouldn't be talking sympathy.

Sympathy, empathy, pity... this are all subjective emotional constructs that don't really have a place in passionless legal system.
You should replace your "don't" with a "shouldn't".

For example, US and Canadian legal systems allow victim impact statements. This is purely emotional. Juries are often selected based upon an emotional connection the potential juror has with either the victim or perpetrator by both the prosecution and the defence. Mitigating factors are frequently used during sentencing (he is the sole provider for his family, she was abused frequently as a child, he has progressed well breaking the addiction) which play to pity, sympathy or emotion.

A purely passionless system is full of zero-tolerance policies. And zero-tolerance policies rarely work.
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