NationStates Jolt Archive

Should we put judges through an IQ test?

Dempublicents1
12-08-2005, 15:42
http://www.cnn.com/2005/LAW/08/12/drunkendriving.virginia.ap/index.html

Apparently DUI laws are unconstitutional because assuming someone is guilty when you have proven that guilt beyond any reasonable doubt is unconstitutional. Oh, wait, that's supposed to be exactly when you can make that assumption!

This is my favorite part:
Magee said Virginia's law presumes the blood-alcohol level at the time the test is taken is equal to the level at the time of the offense, even if the test occurs hours after police make a stop.

Hey genius, unless the cops were feeding the perp alcohol since the guy was stopped, that BAC reading hours after the stop is going to be lower than that at the time. That means that they were, beyond any shadow of a reasonable doubt, over the limit at the time of the stop!

*shakes head*
Hemingsoft
12-08-2005, 15:49
Ehh...kinda weak argument you have.
Police action has nothing to due with guilt. It would be similar to say that a police officer hears a gunshot, sees you run out of the area of the gunshot, and stops you to see what's going on. Just like with drunk driving, you have nothing to worry about if you're innocent. if he deems you worthy of arrest, then your guilt is tried.
Jeruselem
12-08-2005, 15:50
Judges are so out of touch with real people and science.
Grampus
12-08-2005, 15:57
Hey genius, unless the cops were feeding the perp alcohol since the guy was stopped, that BAC reading hours after the stop is going to be lower than that at the time. That means that they were, beyond any shadow of a reasonable doubt, over the limit at the time of the stop!

*shakes head*

Technically untrue as it takes anything up to twenty minutes for alcohol to enter the bloodstream.
Messerach
12-08-2005, 16:01
Judges are so out of touch with real people and science.

Yep, that's why we have juries...
Dempublicents1
12-08-2005, 16:02
Technically untrue as it takes anything up to twenty minutes for alcohol to enter the bloodstream.

Thus, the amount of alcohol needed to dull your senses was still already consumed - thus making it unsafe for you to be driving.

Edit: Plus, they weren't worried about 20 minutes here - they were talking longer periods of time.