Re: Why that is a loser argument.

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Posted by:

Frank

on August 28, 2005 at 20:19:48:

Clark, you will never completely eliminate judicial discretion. Even limiting it will be like prying a hambone from a bulldog's mouth.

Legislatures have been in the business of limiting judicial discretion for centuries. It is nothing new. However, you are talking about changing the law by subtraction, not addition, so it only increases judicial discretion. By telling the court they are not allowed to consider the child, you haven't told them what they should consider instead. That means they can do just about anything. If they didn't have BIC, they would still do whatever they want.

It will never happen, but even if it did, nothing would change.




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