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


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

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

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Michael Troy


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.


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.

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

Washington Post
Washington Times

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

Awards and Honors
LBJ Fellow
Truman Scholar

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