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How the Truth Changes One's Opinion

Last week the Lincoln, Nebraska Journal-Star covered a story with a outrageous outcome: A college kid who wasn't even at his apartment was sentenced to 30 days in jail when his roomates threw a party.  Obviously, this was yet another example of conservative judicial activism.  The truth, uncovered by Orin Kerr here, was a little more interesting than the media story's fiction.

The "hapless" college student has had six run ins with law in less than two years.  Two of those previous run-ins included the offense for which the college kid was sentenced.  (Yes, when he was sentenced, it was for his third offense for throwing loud parties.)  So while I might not think 30 days is a "fair" punishment, I at least don't find it outrageous.  If you tease a lion often enough, you'll eventually get bitten.  Here, the college student wasn't a kid who fell into the lion's cage at the zoo: he was a smug little brat who poked the lion with the stick.  He's lucky he wasn't bitten earlier.