tag:blogger.com,1999:blog-2248881149749925934.post642625109239788285..comments2024-01-02T10:09:58.744-08:00Comments on Preaching to the choir: Don't ever call me an agent for the stateShttp://www.blogger.com/profile/12429147325673256508noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-2248881149749925934.post-68004722751858823902009-06-09T06:48:42.243-07:002009-06-09T06:48:42.243-07:00The source of prohibition on businesses discrimina...The source of prohibition on businesses discriminating is federal statute. This jury decision is based solely on the equal protection clause of the 14th Amendment. If someone wants to pass a statute covering this jury thing, I could live with that. But for the Supreme Court to create the prohibition on jury strikes solely out of the Constitution is just bad law. The Amendments do not apply to private citizens; they apply to state action.<br /><br />As for the double standard, there are lots of rules that apply to the state and not to the defense (and a few the other way). Because they are not equals. The defendant has constitutional rights, the state does not. They just aren't in equivalent positions heading into a criminal trial so each side needs to be evaluated separately to decide how the rules should apply. And all ties or close calls should be decided in favor of the defendant. The state is trying to take the defendant's liberty (and in some cases life) away. They should have to jump through a few extra hoops.Shttps://www.blogger.com/profile/12429147325673256508noreply@blogger.comtag:blogger.com,1999:blog-2248881149749925934.post-49263202407520966642009-06-09T05:55:03.076-07:002009-06-09T05:55:03.076-07:00S.
I'm trying to understand your position her...S.<br /><br />I'm trying to understand your position here and not quite getting it.<br /><br />Are you saying that if I owned an agency I could discriminate against someone because of their sex or race and it wouldn't be illegal discrimination because I'm not an agent of the state?<br /><br />The right to a jury trial by one's peer does work both ways. If a defense attorney blocked all African American's from a jury of a person accused of killing an African American, wouldn't that be illegal discrimination?<br /><br /><br />I am reading a bit of a double standard here. It's not okay for the prosecutors to be racist/sexist, but it is okay for the defense to be racist/sexist?Bob S.https://www.blogger.com/profile/15882819735831651314noreply@blogger.com