I'll agree that there should be one standard within jurisdictions, but the writer's concern over different policies in different circuits isn't all that compelling.
"Justice" isn't something objective (assuming you're not looking to delve into theology), either in substance or in process. One is also not guaranteed a "perfect" trial, but rather one at which all of the minimum standards of Due Process (substantive and procedural) have been met. If one circuit finds that a rule works for them and another finds differently, that doesn't mean an injustice has been done.
Aglifter: I've seen SCOTUS cite decisions they had announced about five minutes earlier. I hadn't thought about whether that should be troubling or not, but I'm actually slightly irked now.
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I'd have to see some examples of SCOTUS citing unpublished decisions... That's one of the first things taught in law school...
Of course, in Heller, the dissent used cites which were made up -- which results in expulsion from law school, so...
I'll agree that there should be one standard within jurisdictions, but the writer's concern over different policies in different circuits isn't all that compelling.
"Justice" isn't something objective (assuming you're not looking to delve into theology), either in substance or in process. One is also not guaranteed a "perfect" trial, but rather one at which all of the minimum standards of Due Process (substantive and procedural) have been met. If one circuit finds that a rule works for them and another finds differently, that doesn't mean an injustice has been done.
Aglifter: I've seen SCOTUS cite decisions they had announced about five minutes earlier. I hadn't thought about whether that should be troubling or not, but I'm actually slightly irked now.
Note: All avatars and any images or other media embedded in comments were hosted on the JS-Kit website and have been lost; references to haloscan comments have been partially automatically remapped, but accuracy is not guaranteed and corrections are solicited.
If you notice any problems with this page or wish to have your home page link updated, please contact John Hardin <jhardin@impsec.org>