Re:I'm a Judge and I Think Criminal Court Is Horrifying
by mattmanser on Sunday August 14, 2016 @06:15AM
(#12285055)
Judges, which is what the article and the two parent posts are talking about, are not peers but trained lawyers. A judge in the bronx will probably not be from the bronx.
They are professionals assigned to a court and are supposed to be impartial.
Also, IANAL, but "lawful judgement of his peers" sounds like it is related to trial by jury, not common law, I think you are mixing up two very distinct concepts.
EDIT: And finally, most court cases are not going to be judges making new common law decisions, but simply applying existing ones. The issue we are talking about is that in the US it is not being done fairly in criminal courts in some areas.
They are professionals assigned to a court and are supposed to be impartial.
http://www.uscourts.gov/judges-judgeships/code-conduct-unite...
Also, IANAL, but "lawful judgement of his peers" sounds like it is related to trial by jury, not common law, I think you are mixing up two very distinct concepts.
EDIT: And finally, most court cases are not going to be judges making new common law decisions, but simply applying existing ones. The issue we are talking about is that in the US it is not being done fairly in criminal courts in some areas.