What should he get?

Erm... justice is the measure you use when meting out this punishment. The point of using this meting system is to mete out punishment to those who violates the law? Kind of feels like we're using different terminology here...
You don't accept the value of justice. The purpose of the *judicial system* is to mete out punishment for those who break the law (and to determine if the law was broken). Hence, the purpose of the JUSTICE system is to dispense JUSTICE, not happy go lucky social changes.

What's the point of that?
Uh ... because true justice involves creating appropriate punishments to fit the crime? Executing someone for jaywalking isn't justice, it's brutality. Executing someone for stealing a million dollars isn't justice, but throwing them in prison for a long time us.


And why should the legislative branch focus on justice?
Who's saying that they should? I never did.
 
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Executing someone for jaywalking isn't justice, it's brutality. Executing someone for stealing a million dollars isn't justice, but throwing them in prison for a long time us.
Oy-vey, you don't let me have any fun. What's wrong with the occasional draconian object lesson? When I set up my benevolent dictatorship, you will not run my secret police, mister. ;)
 
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Screw benevolence, Stalin managed to keep crime down to a minimum:D
 
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The point of the legal system is to deal with those who break the rules. In democracies we prefer to not have this done arbitrarily.

Because that might be unfair, wouldn't it?

Rule of law and constitutionalism are safeguards against the state abusing the legal system against its perceived enemies. They are also indirectly crucial for the legitimacy of the state.

I don't quite see how prioritizing justice below crime prevention goes against this.

You don't accept the value of justice.

Why should I? You can't tell me what makes it valuable.

The purpose of the *judicial system* is to mete out punishment for those who break the law (and to determine if the law was broken). Hence, the purpose of the JUSTICE system is to dispense JUSTICE, not happy go lucky social changes.

...and their role in the bigger picture should be to prevent crime. Not to be juste.

Uh ... because true justice involves creating appropriate punishments to fit the crime? Executing someone for jaywalking isn't justice, it's brutality. Executing someone for stealing a million dollars isn't justice, but throwing them in prison for a long time us.

And why should we do that? Isn't the goal of punishing pepole like this to prevent crime? So shouldn't the punishment reflect that and be harsh enough to get the crimerate down?

Who's saying that they should? I never did.

No, you've been saying the point of the system is to be juste. Which is pretty much the same thing.

Übereil
 
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@ Oxlar:

I tried to respond the way you wanted but just couldn't find the words. It's not that I can't relate (I'm white and from Cleveland). It's that I can't get over how I feel.

My brother Tom and I were only a year apart and very close when we were little. We slept in the same bed until I was five. I knew him like I've never known anyone else. The way it turned out, life threw us some monkey wrenches that he had a tough time handling. He went on to do pretty much all the bad things before dying at the age of forty-two.

Sometimes I'll hear someone speak of him the way you spoke of that sixteen-year old black kid. But my brother was loved. He might have turned out differently under different circumstances.
 
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Why should I? You can't tell me what makes it valuable.
I don't have to tell you. You live in Sweden, I live in America. I'm just telling you to back off and not tell us to change our justice system to fit your needs. The value of justice is pretty self-evident.

Accept it or not, it's your choice, but don't expect us to change our system because you don't agree with it.

...and their role in the bigger picture should be to prevent crime. Not to be juste.
No, that's not the purpose of the courts. At least in America. I could care less what your country does.

And why should we do that? Isn't the goal of punishing pepole like this to prevent crime? So shouldn't the punishment reflect that and be harsh enough to get the crimerate down?
No, the goal of punishing people is to punish people. Harsh draconian punishments may or may not prevent more crime. I don't think there's much less crime in death penalty states, for example.

Why shouldn't I just invade your country and kill you so my version of government is the predominant one?

No, you've been saying the point of the system is to be juste. Which is pretty much the same thing.
No, I'm saying the role of the justice system, that is, the courts, is to be just. Do you not understand separation of powers? I clearly said that we should leave it to the legislative and executive branches to work on crime prevention and social change. I can go back and quote this for you, if you wish.
 
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I have to say that I'm with Rith and dte on this one: the courts don't legislate; they enforce.

That said, the ballyhoo about Sotomayor's supposed activism is totally overblown. She has a very solid track record, her reversal rate is lower than average, and she's eminently qualified for the position.

Every law is open to interpretation, and every judge brings her mental baggage to bear on the cases she judges. I'm sure that a Latina would have a different perspective on stuff than a WASP or an inner-city black, but that doesn't mean she'll suddenly start ignoring the law and judging things by her gut.

"Many of the truths we cling to depend greatly on our own point of view," and the same holds for interpretation of the law.
 
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I never espoused killing 'black teenagers' as being a solution. You make it sound like I want to go through the ghetto and offing any 13-19 year old black person.
Just like you made it sound that I thought the kid was completely blameless and should be excused of any accountability because of his race and circumstances. You painted me as a classic wild-eyed bleeding heart, compared my stance to your condemnation of "social-based rulings" from a female judicial nominee, etc. This is what I mean when I say I doubt we are ever going to understand each other.

What you said was that you dissagreed and found offensive EVERYTHING I wrote. By your own words you implied it.
I think we'd be better off discussing actual statements rather than implications, but I agree, I have found a great many of your posts too thoughtless, offensive and filled with buzzwords to want to begin the task of sparring with you. I'm old and I don't have the hormones for it any more.

rather than the bad judgment and foolishness of a testosterone-filled teenager.

Combine that with the level of education and the environment this kid grew up in, and I think it's hard to say he absolutely deserved to die for 'making the choice' to be a thug--

In saying the above you imply that if a kid had a good education and grew up in a decent neighborhood or had a stable family that he would deserve differently than this poor black kid. Those are judgements based off of social/racial differences, which is exactly the point I was making.
No I don't imply anything of the kind. I said, not implied, that a person's age, background and life experiences affect how they make decisions and are an element of the social environment that caused the occurrence.

And no, I'm not saying vigilantism is an example of blind justice. I'm saying that justice should be blind to the influences you ascribed to above.
Yes, it should. I never said he should not be held accountable for his actions or be judged differently in a court of law due to an unfortunate background. That's your fantasy of my position.
... But let me get this straight, your offended because I don't like Sotomayor? If thats the case you better shut your eyes because I'm about to make your head explode....... I don't like OBAMA.
I'm shocked SHOCKED(!) If I were offended every time someone didn't like Obama, I'd have been hospitalized a long time ago. I could give two hoots who you like or don't like. I was offended by your shallow rejection of Sotomayor's competence for the bench on the grounds of biased, far-right talking points, just as I would be offended by someone automatically dismissing a conservative appointee because of a comment he made rather than on the basis of his legal record, qualifications and judicial history.
Her comments and fire fighter case is enough for me. Any shadow of doubt is more than enough for disqualification
Yes, of course they are, because if you took the time to read her decisions, investigate her record over her many years on the bench, and evaluate them on your own instead of accepting the predigested propaganda of the right it would deny you the opportunity to be outraged and make your head hurt.

So your only interested in having discussions with people who share a similar mindset with you? However, if you want to put me on ignore because your afraid your blood pressure might become elevated due to discussions with me, I'm more than sympathetic with your plight and won't engage you. But you could have just been up front about that with me
I'm interested in having rational discussions with almost anyone who has something serious to say, regardless of whether they parrot back my own views or not, and particularly if they bring a fresh and informed voice to the discussion. What I'm not interested in is spending hours banging my head against the wall trying to defend every point I make because my words have been twisted into a parody. I'm sure you don't either. I'm sorry if you feel I haven't been up front with you, but I don't think I've exactly sugar-coated my reasons.
See! Some clouds do have silver linings. But seriously, I hope your not implying that you would love to be a student of his if you had the money. If you are, then I really do hope you put me on ignore because I will not have anymore sympathy for you or your blood pressure.
I'm not frightened by Ayers, nor do I think he has horns and a tail, but he's a person whose past I have little respect for, an idealogue, and a confused thinker. I wouldn't want to study under him any more than I would want to spend hours on the Operation Rescue blogs absorbing their propaganda.
Really? Yeah, I would have never guessed. Keeping an open mind? But only if its with someone who has a similar mindset to you, right? I do find the oxymoron of you disliking race, class, and gender biasim with your previous statements about those being a source of distinction...
Where do I say race class and gender are a source of distinction? o_O I brought up the likely circumstances of the kid's background to say I thought the adult was more to blame than he was, and that they might indicate he didn't deserve to die because of a bad choice. I didn't say any of the other things you think were coded into my responses.
What did I say that had anything to do with gender biased accusations of Sotomayor? Why do liberals always resort to demonizing those who dissagree wtih them? What did I say that was sexist? What did I say that makes me a racist?....
Do you honestly think if a male's positions were similar, his rulings would be considered "too empathetic?" Did you "fear" that Ailito would bring social-based rulings based solely on empathy to his decisions because he said "When I get a case about discrimination, I have to think about people in my own family who suffered discrimination because of their ethnic background or because of religion or because of gender. And I do take that into account."?

If you did, then I withdraw my assessment that your remarks show a gender bias. I don't agree with Sotomayors comment that a Latina might make a "better" decision than a white male, btw, and if her rulings showed that she actually displayed a strong racial bias, for or against any ethnic group, I totally agree she would not belong on any judicial bench. However, that's not going to be proved to me by one remark, or a bunch of poorly researched ad hominem attacks by people with a very obvious political and ideological axe to grind, but rather by the Senate hearings that fully explore her entire career. So far, nothing like this has emerged.

If you thought I called you a racist, I want to clarify that I didn't--if you want to say the attacks I'm referencing aren't racist or sexist, that's a different matter.
All I got out of your remarks was that you are in agreement with those attacks and seem to think Sotomayor as a female of color is less able to make impartial intellectual decisions than a man in the same position, based on your apparent lack of awareness of similar remarks by male judges such as Alito and a general feeling in the legal community and real life that empathy is not a four letter word. But perhaps you don't see that your remarks carried those implications, any more than I see the implications you read into mine.

Why does anyone demonize those they disagree with? Because everybody wants to get in on the indignation party. You and anyone else have a perfect right to disagree with Obama's reasons and his pick for whatever reasons you want. That doesn't automatically make them valid reasons for anyone else. As for me, I'm reserving judgment til the Senate confirmation hearings on Sotomayor and not condemning her on the basis of castigations from those whose opinions I know are biased, like Rush, G. Gordon Liddy, and the other intellectual giants on the right, or automatically assuming she's perfect because Obama picked her.
I'm sorry I didn't capitalize her name. It had less to do with her than it did with my new keyboard, which I hate... Sometimes, I just don't even bother to try caping stuff. But, I did make an extended effort through out this post just for you.
Fair enough. Re-reading I see you also didn't capitalize Rush, so I withdraw that inference of Freudianism. I have the same problem capitalizing "I."
Common ground at last.
 
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Oy-vey, you don't let me have any fun. What's wrong with the occasional draconian object lesson? When I set up my benevolent dictatorship, you will not run my secret police, mister. ;)

I'm sure there are those who will gladly volunteer for this position, Dear Leader.
 
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I don't have to tell you. You live in Sweden, I live in America. I'm just telling you to back off and not tell us to change our justice system to fit your needs.

So, I'm wrong because I'm from Sweden?

The value of justice is pretty self-evident.

Then how come you can't tell me what it is?

Accept it or not, it's your choice, but don't expect us to change our system because you don't agree with it.

I'm not even talking about your system. I'm discussing how run a legal system, and how not to.

No, that's not the purpose of the courts. At least in America. I could care less what your country does.

It should be, though.

No, the goal of punishing people is to punish people. Harsh draconian punishments may or may not prevent more crime. I don't think there's much less crime in death penalty states, for example.

Which is why I said harsh enough, not harsh.

Why shouldn't I just invade your country and kill you so my version of government is the predominant one?

Like you did in Iraq? Oh, I don't know. I'm a pretty peaceful guy though. Wars suck, so avoid them as long as it's not strictly necesary to do them.

No, I'm saying the role of the justice system, that is, the courts, is to be just.Do you not understand separation of powers? I clearly said that we should leave it to the legislative and executive branches to work on crime prevention and social change. I can go back and quote this for you, if you wish.

From my point of view the legislative part makes laws, and the executive branch (which I'd imagine is the police and similiar forces) catches the pepole who break these laws and the courts determine if they're guilty and appoints a suitable punishment if they are. These three units goes into the "Law" branch, which role in society is to prevent crime/protect pepole. We have this branch because the option is chaos, and chaos is bad for pepole.

Sounds right to you?

Übereil

PS I'm not advocating that the courts should deal with what's legal and illegal either. They give suitable punishment to pepole who commit crimes. I'm talking about what kind of measurment the courts should use when deciding what a suitable punishment is.
 
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So, I'm wrong because I'm from Sweden?
No, you're wrong in telling us to "change our system" to fit your desires. That's my point - you're not an American, don't tell us that we should change what our system is based off of.

Then how come you can't tell me what it is?
I don't have the burden of proof, I'm arguing for the status quo. I'd argue the value of justice is that it gets everyone to submit to a central authority that will adjudicate disputes as fairly and as justly as possible, so everyone doesn't go grab a gun and shoot someone in the face everytime someone pisses them off.

If a society is unjust the society loses legitimacy and it becomes more acceptable for people to break the law and deviate outside of those norms.

Examples - Slavery was an unjust system enforced by the law. That made it acceptable for people to break the law and help runaway slaves. The ideal system would be completely just so there would be no excuse to break the law.

The benefit and upside of justice is that it lets us all live comfortably without having our freedoms unduly restricted yet still be relatively secure.

I'm not even talking about your system. I'm discussing how run a legal system, and how not to.
You told us to change our oath and thus the entire purpose of the Judicial branch. So yes, you were talking about my system.

It should be, though.
No, the courts are the safety net that deals with crimes that already occurred. Crime prevention occurs before it gets to the judicial branch. If punishments serve as a deterrent for other criminals (or repeat offenders) that is a side benefit at best.

Which is why I said harsh enough, not harsh.
You also asked why we didn't just shoot criminals in the head and be done with it. No one is saying sentences should be light and easy. I'm saying that the punishment should fit the crime - we don't cut off your hand because you steal like in Saudi Arabia. If you steal a five dollar product the sentence should obviously be somewhat light - large enough to be an inconvenience but it shouldn't seriously wreck your life. If I hit a dog with a bat the sentence should be pretty damn severe.

Like you did in Iraq? Oh, I don't know. I'm a pretty peaceful guy though. Wars suck, so avoid them as long as it's not strictly necesary to do them.
I somewhat hold to Just War theory.

From my point of view the legislative part makes laws, and the executive branch (which I'd imagine is the police and similiar forces) catches the pepole who break these laws and the courts determine if they're guilty and appoints a suitable punishment if they are. These three units goes into the "Law" branch, which role in society is to prevent crime/protect pepole. We have this branch because the option is chaos, and chaos is bad for pepole.

Sounds right to you?
Yes. My point, though, is that when it is as the stage where the courts, be it local, state, federal, appelate, or Supreme, we're past the "prevent crime" phase - thus why justice needs to be blind. The act is already happened, we are dealing with that specific act. I have no opposition to the other elements of the "law" branch being used to prevent crime, be it through "hard" (armed security) means or "soft" ('Don't do drugs, kids!') programs.

PS I'm not advocating that the courts should deal with what's legal and illegal either. They give suitable punishment to pepole who commit crimes. I'm talking about what kind of measurment the courts should use when deciding what a suitable punishment is.

So are you saying the measurements should take into account the criminals' background? This is where I'm confused - I don't know if our views differ as much as they seem to. I'm arguing that a WASP CEO should have the same punishment as a black gang banger thug. I'm saying this as a minority, by the way - I'm Hispanic (although I look White), and I could care less if Sotomayor is appointed. I don't like her decision in regards to the Firefighter case, but other then that her record and qualifications are pretty damn good. I want to see the hearings before I have a hard opinion of her, but barring her murdering puppies or something I'd be leaning towards "yes, even if she disagrees with my political views."
 
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Because that might be unfair, wouldn't it?

Most of all it sets a precedent for abuse of power and opression..

I don't quite see how prioritizing justice below crime prevention goes against this.

You are advocating different standards for defendants depending on their background. That goes against equality before the law and is IMHO detrimental to crime prevention as it erodes the credibility of the law.

And while I can agree that deterrent/punishment is a relatively minor part of crime prevention it is the only part the courts are supposed to handle. We have other venues for addressing the root causes. The courts are not supposed to administer social policy.
 
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Yes. My point, though, is that when it is as the stage where the courts, be it local, state, federal, appelate, or Supreme, we're past the "prevent crime" phase - thus why justice needs to be blind. The act is already happened, we are dealing with that specific act.

That depends, acctually there are many cases where the court has to decide WHAT happend and WHY it happend. In some cases they could decide the WHAT and WHY based on too little proof to be sure of anything. Thus they could also have some effect, for example if the judge is convinved a guy is guilty of drug dealing, but the proof are not strong enough, jury and judge could free, thus setting a "lighter" standard for drug dealing and he might be able to continue doing it, or they could use "tougher" path, thus risking to punish someone innocent and making people lose faith in the legal system. Ironically enough, if they choose to free a lot of people the crime rate of that country might be lower, since it could be it would not even be registered as a crime.

I guess my reasoning is a bit hard to follow but I don't have time for a longer and deeper explanation right now, hope the point gets through.
 
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Just like you made it sound that I thought the kid was completely blameless and should be excused of any accountability because of his race and circumstances. You painted me as a classic wild-eyed bleeding heart, compared my stance to your condemnation of "social-based rulings" from a female judicial nominee, etc. This is what I mean when I say I doubt we are ever going to understand each other.

but no doubt that's just my liberal heart bleeding all over the place, as usual.

Your words, not mine. Also, I never referenced Sotomayor once by 'female' or 'hispanic'. It makes me wonder if your defensive because this judge is a female and you think anyone that doesn't like her is doing so because of her gender?

I didn't even imply that you thought the kid was completely blameless. I did say that your views on minimalizing his crime based off of social disposition, and thus the level of justice he would get, is wrong. They simply should not be factors when administering justice.

I think we'd be better off discussing actual statements rather than implications, but I agree, I have found a great many of your posts too thoughtless, offensive and filled with buzzwords to want to begin the task of sparring with you. I'm old and I don't have the hormones for it any more.

Actual statements? Like this one...
I disagree so strongly with everything I hear out of you that I am no longer able to avoid responding

If by your very words you disagree so strongly with everything I said, then my assumptions of your positions must be in a degree of opposition to mine. I pulled apart my post line by line and asked you what was so offensive and that you disagreed with. It seems all I got in the end of that examination was that I didn't like Sotomayor. But because I have a different view of someone than you, everything I say is wrong in your eyes.

No I don't imply anything of the kind. I said, not implied, that a person's age, background and life experiences affect how they make decisions and are an element of the social environment that caused the occurrence.

Fine, but thats not how you said it. You made a reference to what he 'deserved' based off of social/racial etc factors.

Yes, it should. I never said he should not be held accountable for his actions or be judged differently in a court of law due to an unfortunate background. That's your fantasy of my position.

But thats how it came across, that you were making a case for some social empathy to minimalize the level of justice this kid should get.

I was offended by your shallow rejection of Sotomayor's competence for the bench on the grounds of biased, far-right talking points, just as I would be offended by someone automatically dismissing a conservative appointee because of a comment he made rather than on the basis of his legal record, qualifications and judicial history.

Yes, of course they are, because if you took the time to read her decisions, investigate her record over her many years on the bench, and evaluate them on your own instead of accepting the predigested propaganda of the right it would deny you the opportunity to be outraged and make your head hurt.

I don't need to read all of her court decisions. There are enough concrete items out in the open that cast reasonable doubt on her as a candidate. Reasonable doubt is enough for me. The rest of her record does not erase the other items, nor should they.


Where do I say race class and gender are a source of distinction? o_O I brought up the likely circumstances of the kid's background to say I thought the adult was more to blame than he was, and that they might indicate he didn't deserve to die because of a bad choice. I didn't say any of the other things you think were coded into my responses.

Like I pointed out previously, you did make social factors a measure of distinction. Did you say the adult was more to blame? Yes, but you also implied that these social distinctions should play a role in what kind of punishment is deserved for crimes.

Do you honestly think if a male's positions were similar, his rulings would be considered "too empathetic?" Did you "fear" that Ailito would bring social-based rulings based solely on empathy to his decisions because he said "When I get a case about discrimination, I have to think about people in my own family who suffered discrimination because of their ethnic background or because of religion or because of gender. And I do take that into account."?

My life was in a different place at the time and I wasn't on 'guard duty' when he was appointed. But yeah, I would have made the same argument as I'm making now and condmened his appointment. You keep thinking I'm a republican or something. I'm not.

If you did, then I withdraw my assessment that your remarks show a gender bias. I don't agree with Sotomayors comment that a Latina might make a "better" decision than a white male, btw, and if her rulings showed that she actually displayed a strong racial bias, for or against any ethnic group, I totally agree she would not belong on any judicial bench. However, that's not going to be proved to me by one remark, or a bunch of poorly researched ad hominem attacks by people with a very obvious political and ideological axe to grind, but rather by the Senate hearings that fully explore her entire career. So far, nothing like this has emerged.

Well you have nothing to fear. She will be confirmed. The media will demonize anyone who opposes her by calling them racists or sexists with no real regard to any opposition based off of principals.

If you thought I called you a racist, I want to clarify that I didn't--if you want to say the attacks I'm referencing aren't racist or sexist, that's a different matter.
All I got out of your remarks was that you are in agreement with those attacks and seem to think Sotomayor as a female of color is less able to make impartial intellectual decisions than a man in the same position, based on your apparent lack of awareness of similar remarks by male judges such as Alito and a general feeling in the legal community and real life that empathy is not a four letter word. But perhaps you don't see that your remarks carried those implications, any more than I see the implications you read into mine.

Why is opposition automatically racists or sexist? This is the problem with the liberal media. Anyone who thinks differently gets demonized. People can be opposed to something and stand on principals. This is such a dangerous trend I've seen in the media over the last couple years. Give me one mainstream pundit who is saying that Sotomayor is less able to make impartial intellectual decisions because she is a female of color? I dare you. Try to find any main stream republican or conservative voice that has said such a thing. Show me the example. Where is the transcript spewing this stuff? Or are these the liberal talking points and 'knee jerk' reactions, as you put it, to anyone who doesn't fall in line with 'THE AGENDA'.

How does me not bringing up another topic result in me implying something? I didn't talk about Clarance Thomas either, is there something I'm implying about him?

When it comes to interpreting the law and the administration of justice, 'empathy' IS a four letter word.
 
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@ Oxlar:

I tried to respond the way you wanted but just couldn't find the words. It's not that I can't relate (I'm white and from Cleveland). It's that I can't get over how I feel.

My brother Tom and I were only a year apart and very close when we were little. We slept in the same bed until I was five. I knew him like I've never known anyone else. The way it turned out, life threw us some monkey wrenches that he had a tough time handling. He went on to do pretty much all the bad things before dying at the age of forty-two.

Sometimes I'll hear someone speak of him the way you spoke of that sixteen-year old black kid. But my brother was loved. He might have turned out differently under different circumstances.


I'm sorry for your loss. I don't know anything about yoru brother or what he had done.

My comment was based soley on what we knew about the drug store incident. I've already said that I'm not happy that someone got killed. I'm not dancing on anyone's grave, nor am I applauding vigilantism. But when someone invades another's domain with intent to kill, I have no sympathy for that action, the events that led up such an action, or any negative results for the agressor of such an action.

I would expect relatives of any casualties to have sympathy, thats part of being family and thier bond of love.
 
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I'm sorry for your loss. I don't know anything about yoru brother or what he had done.
Thanks for that.
When it comes to interpreting the law and the administration of justice, 'empathy' IS a four letter word.
See, it's statements like that one that put me at odds with you. You seem to think the reason for keeping justice blind is to prevent anyone from ever getting a break. I always thought the idea was to prevent the rich and powerful from gaining an unfair advantage.
 
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You seem to think the reason for keeping justice blind is to prevent anyone from ever getting a break. I always thought the idea was to prevent the rich and powerful from gaining an unfair advantage.

I personally think it's both - I want both groups to go to jail together. I'm against bias of any type, no matter who it benefits. I rejected a $5000/year private scholarship because it was only offered to students of Hispanic origin. I said thanks, but no thanks, I'm not taking money that wouldn't be offered to a White, Black, Chinese, etc person. I think the same should be true of adjudication of laws in the court room - treat everyone equally. If you want to make laws to give another group a leg up, then that's a different issue entirely.
 
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See, it's statements like that one that put me at odds with you. You seem to think the reason for keeping justice blind is to prevent anyone from ever getting a break. I always thought the idea was to prevent the rich and powerful from gaining an unfair advantage.

If you start giving advantages based off of personal whim and empathy then the rule of law breaks down and loses its meaning and power. Going down this road is the opening of pandora's box and things will be irrevocably altered, and not for the better. It MUST be equal no matter what.
 
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I personally think it's both - I want both groups to go to jail together. I'm against bias of any type, no matter who it benefits. I rejected a $5000/year private scholarship because it was only offered to students of Hispanic origin. I said thanks, but no thanks, I'm not taking money that wouldn't be offered to a White, Black, Chinese, etc person. I think the same should be true of adjudication of laws in the court room - treat everyone equally. If you want to make laws to give another group a leg up, then that's a different issue entirely.

I have new found respect for you.
 
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Thing is, punishments aren't the same for different people. A thousand-dollar fine is pocket lint to a billionaire; for a poor kid from the wrong side of the tracks, it might make the difference between being able to go to college and having to flip burgers for another year (or worse). The sum is the same, but the effect is completely different.

For sentences to be fair, judges do need empathy to balance out considerations like this. Laws aren't like mechanical drawings; they intentionally leave a lot of room for interpretation to allow for the human factor. A good judge knows how to make difficult calls while taking these kinds of things into consideration. If you want equality before the law, you need judges who are able to see these nuances. Empathetic ones, in other words.
 
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