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  • Other than murder, all crimes are based on statute. Loopholes or technicalities only exist because of poor drafting of statutes. If a technicality exists, corrrect the statute.

    That's the democratic way.

    Not quite true - there are other common law crimes which exist. Kidnap, for example.

    I agree with the fundamental premise of your point though. Everyone is entitled to be tried in accordance with the law, not 'the will of the people'. Punishing people based on the 'will of the people' rather than universally-applicable laws is just mob justice with a sugar coating. If people are being acquitted when they should be convicted then it represents a problem with the law in question, not the principle that everyone is entitled to a fair trial.

    Disclaimer: I'm a lawyer. Although I don't practise criminal law.

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