Defense attorney: “Judge, the prosecution has brought no evidence whatsoever.”
Prosecution attorney: “Is it really your only problem?”
:whacky:
Imagine the following situation:
The city of Neverville lies in the valley between the mountains; on the top of one of these mountains lives a dragon. The dragon is believed to be awakened by singing. Hence, in the city of Neverville, singing is forbidden under the penalty of death. This is known to work, as the dragon was not seen for the last 412 years the ban has been in effect.
One day, a young boy named Galileo is found to be singing at the top of his lungs in the central square of the city. Due to the gravity of the matter, he is immediately arrested and brought before a judge.
Prosecution: This man here has put the entire city in danger by singing. Should the dragon awaken, everyone would be dead!
Judge: Does the accused admit to singing?
Defense: Yes, Your Honor, we admit that my client was indeed singing. However, my client believes that singing was safe, as he knows that there is no dragon.
Judge: And how does he know that there is no dragon?
Defense: Here is a wonderful invention of my client (produces a telescope) which allows one to see things which are normally too far to be seen. Using this wondrous device my client has inspected the top of the mountain where the suspected dragon lives and found no trace of it; there is only a pile of rubble.
Prosecution: Objection, Your Honor! The existence of the dragon has nothing to do with the case. The law is clear; we are not here to debate the accused’s philosophical views about the existence of dragons, but to answer a much simpler question: was he singing.
Judge: Sustained. Does the defence have anything to say about the facts of the case?
Defense: Your Honor, the existence of the dragon is the basic fact of the case. As we all know, the law was put in place to protect people from the dragon. If there is no dragon, the ban on singing has no merit. And may we ask what evidence does the prosecution have that the dragon in fact exists?
Judge: Indeed, a very good question. Please answer.
Prosecution: Your Honor, we have historical records…
Defense: Which last mention the dragon over 400 years ago. The dragon can be long dead – if he was there even at all. What evidence do you have that the dragon is there right now?
Prosecution: We have no proof of the dragon.
Defense: But if the dragon is not there, don’t you agree that the law has no merit?
Prosecution: Your Honor, please let me note that in this case prudence should be our first priority. The accused did not manage to prove that there is no dragon. All we know that his device shows no dragon. This can be for a number of reasons. Firstly, his device could be faulty…
Defense: A friend of my client was using the device to watch maidens bathing in the river. He swears that the image was perfect, although upside-down.
Prosecution: Secondly, the dragon could be not there when the accused was looking – it could have left to do some errands.
Defense: But we have witnesses who will testify that my client looked through the device immediately before singing. Therefore, even if the dragon, hypothetically, lives on the mountain, it was not present when my client was singing – so, the singing posed no danger.
Prosecution: Thirdly, the dragon could be invisible…
Defense: Ridiculous. Was it also pink?
Judge: Indeed, invisible pink dragons are definitely outside of the realm of possibility. Does the prosecution have any more arguments?
Procecution: Your honor! All that does no matter. The law does not require the dragon to exist. The law is the law; singing means death. Even if we agree that the dragon does not exist, that does not mean that the law will automatically cease to be. Writing laws is the job of the legislative; the job of the court is to uphold them. We may agree that – in absence of the dragon – the law has no merit, and should be changed. We may even agree that the lack of dragon makes the law fundamentally unjust. But it does not change the fact that today, the law still stands; and the accused has clearly violated it. He must be executed!
Judge: Indeed. The accused is guilty as changed, and he will be hanged tomorrow.