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Criminal

Feb. 27, 2001

Hard Case

California Supreme Court Justice Stanley Mosk once reiterated the old axiom that "hard cases make bad law." In re Earley, 14 Cal.3d 122 (1975) (Mosk, J., dissenting). What Justice Mosk meant was that if a case involves a particularly nasty crime, a court is likely to construe the law in a manner adverse to the defendant, thereby sometimes producing an unwarranted legal precedent.

        By Alex Ricciardulli
        
        California Supreme Court Justice Stanley Mosk once reiterated the old axiom that "hard cases make bad law." In re Earley, 14 Cal.3d 122 (1975) (Mosk, J., dissenting). What Justice Mosk meant was that if a case involves a particularly nasty crime, a court is likely to construe the law in ...

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