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If you had to give a percentage of how much the court system rules based off morality, how much is it?

#criminal-justice #law #court #percentage #morality #attorney # lawyer #persecutor #morals

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Kim’s Answer

Zero. Court decisions are based on laws and case precedent. However, laws can be based on morality.


This is an unusual question. Was there a particular issue or reason for asking it? If you provide more detail, perhaps we can give you a more tailored response.


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Desiree’s Answer

I second Kim's answer above, but I'd allow for a small % of morality.

It's probably the hardest lesson to grasp in one's first year of law school: students often complain "but that's not fair!" and professors respond "but that is the law....".

The court systems rules - aka the Rules of Civil/Criminal Procedure - do allow certain discretion to judges with respect to criminal sentencing (subject to sentencing guideline) & civil remedies (which include both monetary and equitable remedies). In this stage -- and strictly within certain constraints of procedure -- a judge might be able to inject some element of reason/equity/fairness.

Also, I note that the attorneys before the court are expected to follow a strict ethical code and they could be disbarred or jailed for violating it. Hence, amoral acts like lying to the judge or opposing counsel, hiding evidence, and stealing client funds are prohibited. This is also supposed to deter frivolous claims.
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