That's the "few exceptions" I was talking about. An 18 year old guy with a 16 year old girlfriend is called High School. But, just a guess...how many normal relationships of that nature get prosecuted as statuatory rape? Hell, half of us would be in prison were that true. If the "due process" system is supposed to be so infallible and wonderful, as many here have implied in other venues (Cough...Campy... ) There should be enough common sense in it to separate the wheat from the chaff. If one wants to, they can write or change laws to accomodate that. I don't like the idea of predators getting ANY protection based upon the maybes and the hypothetical what might happen that dilutes our "criminal justice" system.
Justice? Michael Jackson is going to walk away from his latest media event. If he's found guilty of having a hangnail, he'll beat it on appeal.
I'm obviously not a lawyer, and it's an old argument...but sometimes the needs of the many outweigh the needs of the few (or the one... ).
There is a thing in war planning, defense planning, strategy (for lack of better terms), called acceptable risk. There is no perfect system, or solution. You can't cover every base all the time. One writes a plan knowing that if A, B or C happens - it happens. You try to mitigate against it, you adjust to it, you have thought about the areas where, if you are in charge, you are willing to accept the risk of things not going your way in the interest of achieving the objective.
The objective is the goal. In war, it's defeating your adversary. Here, it's keeping fellow citizens, family members - maybe people we care about - from being violated and killed. "Oh, the lab botched the DNA split? Your defense was supposed to get three samples and only got two? Sorry about the rest of the evidence, go forth and do well!"
In a purely uneducated just layman's view look at where our great system has travelled, legal-wise, it seems like the concept of acceptable risk has long since gone by the wayside. Any number of lawyers here will be welcome to set me straight. I'm sure some can and will.
So what? Think I care?
Maybe it's a moral question. Is it better to let 2% of possibly innocent people get convicted? Of anything? Or is it better to allow 10% of those everyone knows is guilty, go? Because of that damn 2%.
Crap, if I go on any further...