Quote Originally Posted by Ragoczy View Post
First, we're talking about the Supreme Court, whose primary purpose is to decide issues of Constitutional Law, not State Criminal Court.

In State Criminal Court, the issue of "common sense", "fairness" or even "justice" has an advocate -- that being the jury. It's the jury's duty and right to judge the law in addition to the facts of the case and they can return a not guilty verdict if they believe the law is unjust or unjustly applied.

The issue of allowing "very knowledgeable people" make "common sense" decisions is that they don't all have common sense. And what you think is "common sense" might be patent absurdity to someone else -- that's why we have a codified set of laws, rather than leaving it to the arbitrary, subjective view of an individual.

Yes but doesn't any Judge even at State Level use his/her "Commom Sense" I do not believe that there is any difference in "Comom Sense" used by a Judg or Judges be they State or Fedral
Andafter trial when it is up to the Judge to pass sentence not a Jury what 1 Judge State Level may pass as sentence and another one at State Level will do will be different by either thier "Commom Sense" or THEIR Interptation of the Law anss the sentences they can hand down
You can have 2 people before 2 different State Jdges passong sentence and 1 may sentence 1 person to 6 years another may sentence for the same crime 3 years. it is up to ANY Judges Interatation not only of the Crime Committed, butthe Law and the Sentences they are allowed to pass
I am not sure you can differentiate her that State Level & Federal Level operate differently