IANAL, but this seems like an odd test to me. Judges do what their name implies - make judgment calls. I find it re-assuring that judges get different answers under different scenarios, because it means they are listening and making judgment calls. If LLMs give only one answer, no matter what nuances are at play, that sounds like they are failing to judge and instead are diminishing the thought process down to black-…
Yeah, I'm reminded of the various child porn cases where the "perpetrator" is a stupid teenager who took nude pics of themselves and sent them to their boy/girlfriend. Many of those cases have been struck down by judges because the letter of the law creates a non-sequitur where the teenager is somehow a felon child predator who solely preyed on themselves, and sending them to jail and forcing them to sign up for a se…
So yes, a judge can let a stupid teenager off on charges of child porn selfies. but without the resources, they are more likely be told by a public defender to cop to a plea.
And those laws with ridiculous outcomes like that are not always accidental. Often they will be deliberate choices made by lawmakers to enact an agenda that they cannot get by direct means. In the case of making children culpable for child porn of themselves, the laws might come about because the direct abstinence legislation they wanted could not be passed, so they need other means to scare horny teens.