Emotion vs fact, what is more important?

[Chikombo]

Another nerd question.
When it comes to crime, what drives people the most when judging and deeming someone a criminal?

Is it A:
The person technically breaks the law, this is a fact, so therefore he is a criminal.

B:
The person did something horrendous and disgusting.


Also, what should be the most important factor? What is the most unbiased? Maybe you think it's justice if you only go by the law and not your emotions, but the law is made by men not Gods, (I'm not talking religious laws,) and how is it fair if someone gets away with something just cus it's not illegal? Or that they don't get away with something when it's "fine"?

But then again, people can overreact, so just cus you think something is terrible doesn't mean others share that opinion.

 

[Jerry Berry]

Hefty questions there. In my experience, emotion tends to drive people to judgement, as well as being a very powerful reason to uphold justice. I believe a lot of laws are derived from emotion, and upheld just by what has been written from pen to paper. As in a moral quandary caused likely a group of people to come together and decide "You know what, murder isn't cool. It makes us feel bad." Although murder is still obviously mad, and makes people feel negative emotions towards it, the law is upheld by the previously written words from pen to paper. I think it takes a certain amount of occurrences or cases, to get enough people to speak up before something is deemed illegal. It can be wrong or morally troubling before then, but becoming a law is ultimately what holds people accountable, the law just comes from emotion.
That's just my opinion, I've had a not so good past and again it's usually not the law that causes people discomfort or sadness, it the actual act and their emotions and morals that make them react or respond to it.

 

[ETHx]

I'm not too sure myself, if someone breaks the law but they do it in the way the that the spirit of the law was not intended to criminalize then being by the book isn't really effective. Like when people speed 6mph above the speed limit are they really hurting traffic or the people around them? Were they in a neighborhood or near a school? If a cop arrests everyone speeding on the highway I can assure the cop would be pulling people over left and right. I think that emotion is probably more important though, it will make people more attached to laws and give them guidance to judge people.