This is the best of our system (a check on the legislative more effective than re-election every 4yr) and the worse (having to know about this decision, i.e. hire gaggle of expensive experts to find the "get out of jail free" decision for you. And, whether you are a criminal depends on your geographic (which circut) and temporal (has it been resolved by SCOTUS yet) location.)
Rather than having knowable, deterministic laws we are all at the mercy of the lawyers and judges we happen to get that "day".
Rather than having knowable, deterministic laws we are all at the mercy of the lawyers and judges we happen to get that "day".
It's still probably the least bad system.