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Nope.*


The asterisk is there for one caveat: Each guilty dude would get the same punishment for his crime. Dude #1 would receive the sentence that exists now, and Dude #2 would receive the sentence that existed in 1985.

I'm also assuming there is no mitigating circumstance in Dude #2's case -- no police misconduct or neglect, no prosecutorial neglect either.

It's just as likely that Dude #1 would have done the same as Dude #2 in his circumstances, so fairness dictates they be treated equally.

Dude #2's behavior might matter in parole considerations, but Dude #1 will have the same opportunity to demonstrate good behavior.


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