We put humans into the legal system because of the assumption that some common sense goes into their decisions. So now every time some legal decision here is questioned on that level, the recourse is always "according to the law, not [..] moral". (on a supreme court case, of all things!)
The brilliant thing then is to go back to "mistakes will be made by all human beings" and deny all legal recourse in the end.
We put humans into the legal system to exercise legal judgment, not to substitute the law with their personal moral sentiments. The place for moral sentiments is the legislature.
It should be noted that legislatures have weighed the moral issues, and in most states have set out the recourse for the wrongfully convicted to be statutory restitution, not civil suits against prosecutors. Arizona, one of the two states mentioned in the article, has declined to implement any such statutory restitution.
So then what of the people who think, say, that white supremacy is common sense? Why should we let a very vague concept of "common sense" prevail, especially when "common sense" seems to change every other decade?
Comments
We put humans into the legal system because of the assumption that some common sense goes into their decisions. So now every time some legal decision here is questioned on that level, the recourse is always "according to the law, not [..] moral". (on a supreme court case, of all things!)
The brilliant thing then is to go back to "mistakes will be made by all human beings" and deny all legal recourse in the end.
We put humans into the legal system to exercise legal judgment, not to substitute the law with their personal moral sentiments. The place for moral sentiments is the legislature.
It should be noted that legislatures have weighed the moral issues, and in most states have set out the recourse for the wrongfully convicted to be statutory restitution, not civil suits against prosecutors. Arizona, one of the two states mentioned in the article, has declined to implement any such statutory restitution.
So then what of the people who think, say, that white supremacy is common sense? Why should we let a very vague concept of "common sense" prevail, especially when "common sense" seems to change every other decade?