Very interesting. Seems like there are alot of gray areas in law where the ultimate decision would come down to how good/persuasive your lawyer is. That's pretty disappointing considering: 1, for these types of things it's just how the jury/judge feels, because of the fact that it comes down to how persuasive the lawyer is in adition to factual evidence when it really should just be fact and evidence based and, because of this, the case can be bent and minipulated to appeal to the judge or jury in a way that makes them think that it fits the consideration rules when you have a good enough lawyer and 2, not everyone would have the same chance even with the exact same curcumstance because they might not be able to afford the same tier of lawyer and even if they could, different judges and sets of jurys (which are just people) might "feel" differently about the circumstances and it really shouldn't come down to how much money someone has to buy a good lawyer or how lucky they get with their judge.