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Legislation, Presidential & Congressional Politics/Menace to Society question - constitutional law

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Question
Hello Mr. Troy,

I have a question, can a judge claim or state a person is "menace to society" in a court of law without evidence to support the claim?

What constitutes a menace to society excactly?

A judge recently made a statement in a court of law stating that he feels the person/defendant was a menace to society. The defendant has no criminal history, no criminal record, just a DMV report with an infraction for driving using a cell phone.

Can a judge make such a statement using only a DMV record?

Your feedback would be greatly appreciated?

Thank you
Phillip

Answer
If the judge simply stated his view that the defendant was a menace there is no real legal implication.  Menace is simply another word for "danger".  If the judge acted in some way on the fact that the defendant was a danger to society based on a record of driving while talking on the cell phone, that judgment might be subject to appeal.  This is really a legal question that requires more detail and should be answered by an attorney who is familiar with the local law and court practices involved.

- Mike

Legislation, Presidential & Congressional Politics

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Michael Troy

Expertise

I can answer just about any question about U.S. Political history, Constitutional law, the legislative process, elections, etc. I enjoy Presidential and Congressional historical trivia, but can answer more substantive questions too.

Experience

Former Staff member for a Congressman and Senator. I also worked on about 10 Congressional and Presidential campaigns (only one that won). For a short time, I worked in the legal department of the Federal Election Commission.    I have a B.A. in Political Science.

Organizations
Former LBJ Fellow (paid fellowship for Congressional Staff).
Pi Sigma Alpha (Political Science Honorary Society).

Publications
Washington Post
Washington Times

Education/Credentials
J.D. University of Michigan
B.A. George Washington University (Poli. Sci. major).

Awards and Honors
LBJ Fellow
Truman Scholar

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