Quote:
Originally Posted by calvin-c
I think we need to change society first. A classic case can be found in race discrimination-a cop stopped a car with blacks for an infraction but ignored a car with whites that had the same infraction. The cop's reason? "I didn't notice the other car." That could be true-but in this case (as I recall) the cop had a lengthy history of 'not noticing' infractions by whites.
It's worse when the law explicitly leaves it to enforcers judgment when and against whom to enforce the law but the result is the same-we can't change the fact that laws will be enforced at capricious whim until society changes. Until then all we can do is try to get rid of laws that appear to be 'bad'.
|
Hmm... anyone of sufficient years would note that society has been changing.
Taking your example, it is just as likely that the "cop" would have himself
been black.
Your point is quite valid, of course. Enforcement, Prosecution, and Judicial
Review, all need to be applied with the interest of the overall society - while
remaining strictly to the law, as written. The law is supposed to be blind, in
terms of its application. It may have taken some time, but almost all of
society and all of the laws take the position that it is in the interest of society
for the laws to be applied equally to all. Your cop, Black or White, would
most likely be headed for hard times, in some fashion, from his fellow
officers, his union, his supervisors, if not the Feds would be interested in
the police force he works for.
"Capricious whim" is certainly bad, but there are other factors that worry me
more. Financial Gain, Political Gain, furtherance of an agenda, ect...
Using the Law to "pick winners and loosers", to "protect an industry", to
"benefit a select group", to promote Unionism, or encourage the public to
engage in or support any actions/activities that claim they provide a public
good. Pointing out all the recent examples would be taken as political, so
I would just point out that this has been going on since before we formed
this country.
Our legal system makes it so that anyone suffering damages can bring a
suit. We have passed too many laws that make it easier for some to do so,
in some cases with very loose requirements to show any actual damage.
Luck;
Ken