> First Equal Protection clause from the 14th Amendment applies to only states and not federally The Holmes case was merely the catalyst for my thinking. The

> First Equal Protection clause from the 14th Amendment applies to only states and not federally The Holmes case was merely the catalyst for my thinking. The point remains: Why isn't there a legal push to have blind sentencing, at least for state crimes? > Second, It is extremely hard to prove that discrimination happens while all other things are equal. It's not that hard. You take a sentencing case - say, guilty plea to armed robbery with no prior convictions - and pair it with a similar case where the defendant is a different race (ideally without know the actual races involved). You do that for 1000 cases and then show that the sentencing is generally harsher for one race than the other. > U.S. follows trial by jury...In a such a system there will be biases, because people are inherently biased I'm talking about making sentencing less biased. I don't have any suggestions for making the trial less biased. > The biggest determining factor is Money. Richer you are, less likely to have trouble with law, and get away with a lot. OK but when it comes to sentencing money should not be a factor - rich and poor should receive a similar sentence for a similar crime. > Race, age and gender are objectively measurable [3], "attractiveness" is lot more subjective to eyes of the beholder. Sure, but it's not completely random. If you and I both choose the most attractive person in a group of 10 people, the chance that we both choose the same person is far greater than 10%. Let's say we ask 100 people to rate defendants by attractiveness and use the average score for each defendant. It's quite possible we would find the gap in sentencing severity between the top-10% and bottom-10% people in terms of attractiveness is greater than the gap between black and white defendants. But it's really a moot point - if we prevent the sentencing judge from knowing the race and sex of the defendant then the judge will also not know how attractive he or she is.