3 ms·
>* I think the key thing about the article was that this is a courthouse in the Bronx. The way we treat the poor in this country is absolutely atrocious. * Not
by ptaipale 10y ago
>* I think the key thing about the article was that this is a courthouse in the Bronx. The way we treat the poor in this country is absolutely atrocious. *
Not being from the U.S. or another common-law country, I'm tempted to ask: isn't this a natural outcome of the common-law principle "by lawful judgment of his Peers"? I.e. peers in Bronx are, on the average, quite different from peers in a wealthy white suburb.
I realise someone might take this as mocking but that is not my intention. I see it as a genuine problem in common-law systems. This then exacerbates other problems of equality. (If I'm a well-to-do expatriate who comes to work in New York, would I pick a place to live in this Bronx neighbourhood? Likely not. But, in a way, anyone who does not want to be a "peer" in such an area is just as guilty of creating the situation.)
- mattmanser 10y agoJudges, which is what the article and the two parent posts are talking about, are not peers but trained lawyers. A judge in the bronx will probably not be from the bronx. They are professionals assigned to a court and are supposed to be impartial. http://www.uscourts.gov/judges-judgeships/code-conduct-united-states-judges#d http://www.uscourts.gov/judges-judgeships/code-conduct-unite... Also, IANAL, but "lawful judgement of his peers" sounds like it is related to trial by jury, not common law, I think you are mixing up two very distinct concepts. EDIT: And finally, most court cases are not going to be judges making new common law decisions, but simply applying existing ones. The issue we are talking about is that in the US it is not being done fairly in criminal courts in some areas.