The difference between a legal system and a justice system. It does have a valid foundation though. Just because someone did it last time doesn't mean they did it this time. It must be proven that in the present situation they did it. Their history is meant to be taken into consideration for any punishment if found guilty of the latest transgression.
Trouble with jurisprudence is it does, with bad decision on top of bad decision, seem to eventuate ina cocked up heap of shit!
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