Quote:
Originally posted by james t kirk
I find myself actually agreeing with most of what lebell is saying.
Mainly because i wonder who will decide what is hateful and what is not.
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Is your judicial process similar to ours?
In ours we select jury members from a pool of registered voters. This occurs in both civil and criminal cases. Our jurors have special rights and form the final check against our judicial system--their word is final through their ruling and an often unknown principle called jury nullification.
Jury nullification occurs when a jury believes the law was broken but that the law is immoral, unjust, being inappropriately applied, or for any other reason and returns a verdict of not-guilty despite the evidence.
Our structure is based on the premise that the people ultimately draw the lines of our social norms. The legislatures, judges, and police may implement regulations and enforcement but a juror's decision is unalterable--regardless of the law. It can not be appealed and can not be abrogated.
The shorter answer is that our peers will decide what is hateful or not.