The fatal flaw in the American legal system

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This topic contains 4 replies, has 4 voices, and was last updated by  Reg the Fronkey Farmer 1 month, 3 weeks ago.

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  • #52800

    Unseen
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    The American legal system has a flaw, and the flaw is that after the trial, all that’s left is appeals, and appeals courts basically cannot review facts. If a jury reaches a bad verdict by getting the facts wrong or by allowing their ignorance or prejudice to take over, the appeals process doesn’t allow the appeals courts to fix that.

    The appeals process is based on reviewing mostly procedures and the application of law and precedents under The Constitution. And serious legal disputes can end up in America’s ultimate court of appeals, The Supreme Court.

    I’ve had to explain to family and friends on many occasions that it isn’t the job of the Supreme Court (the ultimate appeals court in our system) to come up with a better decision beyond making sure that the laws and methods applied in the lower courts align properly with the provisions of the Constitution or whether laws were applied properly.

    They do sometimes have to look at practical facts. Today, the court heard arguments regarding a law, written in response to the Las Vegas massacre, outlawing bump stocks, but only to decide its constitutionality. Apparently, the main thrust of questions had to do with whether a semiautomatic assault-style rifle with a bump stock modification qualified as a machine gun under laws written back when machine guns were “tommy guns.”

    If the Supreme Court issues a ruling we don’t like, there are only three practical solutions: 1) change the applicable laws, 2) amend the Constitution, and 3) “pack” the Supreme Court, which is the worst possible solution because…where does that approach end?

    One more flaw, not the subject here, but worthy of mention, is the sluggishness of the American system. Which can be a good thing by preventing rash ill thought out legislation. But that’s in theory: It doesn’t always work that way.

    #52801

    jakelafort
    Participant

    Bringer of rain, finder of fact, champion of Capua!

    How about we just decide to give AI the lead. Let em take over. Judiciary for sure. And every other power. How could it be worse? Democracy is kind of a joke because business and religion insert their thingy into it and the public is moronic. And even so it is the best thing we got. Right and left is populated by mindless ideologues. Program it with enlightened objectives and gtfo of the way.

    Ever have a day ya just can’t focus? I can’t pick jack shit today and i aint gonna bet until i feel the juju mojo.

    #52802

    Apparently, the main thrust of questions had to do with whether a semiautomatic assault-style rifle with a bump stock modification qualified as a machine gun under laws written back when machine guns were β€œtommy guns”.

    Yes, that is what it is mostly about.Β  SCOTUS will also consider if the AFT have the power to regulate gun accessories, like bump stocks and ghost guns.

    #52812

    TheEncogitationer
    Participant

    Reg,

    Ackshuyally, that’s ATF or more fully ATFE (Alcohol, Tobacco, Firearms, and Explosives).

    In a fully free society, it would be the name of a convenience store chain, not a government agency.
    🍺 🚬 πŸ”« πŸŽ† πŸ—½ 😁

    #52835

    Or a wish list for a good Saturday night out! πŸ™‚

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