The character of the courts of law in the United States

One of the most important things to consider before deciding whether or not the ruling of Judge Ito was proper in this case is the issue on the character of the courts of law in the United States of America. Unlike certain jurisdictions, courts in the United States are considered to be both Courts of law and Courts of Equity. This means that the courts may make decisions based on what the law states and also make adjustments as to the dictates of equity. In this case, it is clear that Judge Ito is trying to weigh the benefits of applying the law strictly and also appeasing the opinion of the general public.

Cases that are rife with racial issues are very difficult to deal with and any judge must be able to temper public sentiment with the application of the law. As can be seen in the transcripts, Judge Ito firmly applied the rules on evidentiary procedure to ensure that there would be no miscarriage of justice or even biased decisions. As such, it seems as if the probative value of the racial commentary of Mark Fuhrman did indeed outweigh the prejudicial effects.

The court was wary of the incendiary nature of the comments that Mark Fuhrman made and was also concerned about the backlash that the admission of such statements would make. The effect of the racial commentary became such that it affects the credibility of Mark Fuhrman and also casts doubt on the integrity of the police enforcement agency. Racial bias is also something that the Courts should be careful of at every judicial proceeding. While everyone arguably possesses an inherent racial bias, such should not be allowed to determine the fate of another person.

The prime consideration in Criminal law is the presumption of innocence. Once bias plays a factor in disregarding this presumption then it should not be admitted. Witnesses always present biases and even perhaps police officers. It can be tolerate by courts to a certain degree especially when it is not relevant to the determination of guilt but the moment it affects the conduct of justice it must be stricken and cast aside for the considerations of justice far outweigh the dictates of one’s personal beliefs.