Common Law and Why It Is Outdated

     Common Law or as most call it "precedent" is a big joke for the supreme courts and for smaller courts to make wrong decisions based on the past! The whole supremacy of common law is bogus. The key point to why common law is bogus is because times change. When the United States first became what it is today it practiced slavery. The United States practiced slavery and many times the courts ruled in favor of slavery. We should not have to mention all of the cases in which slavery was ruled in favor of. Yet America is based on a system today which is in favor of a system that would rule in favor of something a normal human being would find immoral just because a similar ruling has been made in the past.

     This is what is exactly wrong with the judicial system today. Fresh new lawyers off the streets trying to solve a case do not look for what is morally wrong or right, they look for this ALL important word "precedent". In fact, that is almost all they care about. Well, hey, everyone, judge me upon my word corrections or my some what lack of a sentence structure but sometimes judges are wrong! Whether it be the time frame that the case was presented or just a judge that did not have the best judgement precedent is not something we should be basing cases upon! It is irreverent what the last judge thought about a civil rights trial 75 years ago. This is a new era and we should not base precedent upon a civil rights trial that happens today compared to one 75 years ago. We all know how times were back then and how different they were. For me to bring up precedent now would be explicitly provoking my case even more. Cases in law should not be based on common law. They should all be looked at circumstantially with no exceptions. Every case is completely different. No 2 cases are exactly alike.

     Precedent should be thrown out the window, and lawyers fresh out of law school should stop looking up old cases to help get their client out of whatever situation they are in and start looking at the idiosyncrasies of the case in which they are dealing with and present that information to the judge. Too many times have people gotten away with MURDER, RAPE, or ASSAULT just because of precedent. In the era we live now it is time for people to be responsible for what they have done and for them to stop getting away with things because a lawyer can find a bad decision that a judge made in the past and force a new judge to make that same decision because of what we like to call "precedent". It is not only stupid to do this as a society but it is completely ignorant to think our judicial system is doing something right.