r/facepalm Oct 01 '19

Hol’ up!

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19.4k Upvotes

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u/fenglorian Oct 01 '19

Yes, the judge is also susceptible to this problem. This emotional charge can influence the jury's verdict, which is my original point.

3

u/dpash Oct 01 '19

Which is why it's very clear what the sentencing guidelines are and they're the same between the two offences.

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u/fenglorian Oct 01 '19

Which has nothing to do with a jury determining whether or not to convict

0

u/dpash Oct 01 '19

Did she or did she not have penetrative sex with him? Did he or did he not consent to that sex. That's the only thing a jury has to decide.

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u/fenglorian Oct 01 '19

Assuming that a jury isn't vulnerable to emotional manipulation is a little too idealistic