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PaperclipPerfector  1mo ago (text post)   2613 thread views

Friday Fun Thread for November 28, 2025

Be advised: this thread is not for serious in-depth discussion of weighty topics (we have a link for that), this thread is not for anything Culture War related. This thread is for Fun. You got jokes? Share 'em. You got silly questions? Ask 'em.

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Sometimes it's hard to justify why we're arguing about details of how to properly punish someone for whom our instincts are telling us we should just punish them to the maximum allowed. Anyway, I don't quite follow the argument of the dissenting judge here, isn't he inverting an enhancement and a mitigating factor? If the burden of the proof was meant to be on the defendant, wouldn't it be mitigating factor for non-sadism? If it's an enhancement, it seems obvious to me that it's not the default unless the prosecution proves it's there.

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