Re: No, I am saying the argument fails because it confuses people
There is a point of law that lets judges decide facts when there can be no reasonable dispute about the matter. If there can be a dispute about the facts, a jury decides the facts.
When a statute says its a crime to drive "recklessly" a defendant can argue to the jury that he wasnt reckless even if he otherwise admits that he was going 70 in a 25 zone while talking on his cell phone. Not that I would want to be that defendant's lawyer, but he can make the argument.
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