Avoiding CBC Decisions

The primary goal of all institutions is to avoid case-by-case (CBC) decisions by setting up a bureaucracy to handle every decision not based on possibility (pro-actionary), but based on precedent (reactionary) OR by delegating or removing those decisions to an independent, definitive, un-coerced third party, which is not necessarily or even desirably neutral and fair.

This is why in the United States of America we have a jury system of common people to judge all courtroom proceedings and unanimously determine guilt. If even one of the twelve jurors has doubts, he can deny the State the right to incarcerate, fine, or otherwise punish the defender, be him a victim or a criminal. The jury is not a star panel — any citizen can be drafted at any time for jury duty and jury selection should be of the person’s peers, coworkers, or neighbors rather than strangers, because if his friends rule him not guilty when they know him to be guilty, one to twelve of them will have to fear him on the streets or in public if he is truly a criminal.

Similarly, the system of federal courts and a Supreme Court to prosecute federal law and strike down states’ laws if they violate the spirit of the Constitution is set up hierarchically so that a case can be removed to an independent, definitive, un-coerced third party in a pattern of escalation or de-escalation, unless it reaches the Supreme Court, in which case a CBC or non-CBC decision is made which cannot be appealed, confined, over-turned, or escalated to an international or world court. Similarly, the case can be “thrown out of court” if there is no crime committed, or if the case is not worthy of the court’s time, because all time and resources are finite and never infinite.

While avoiding CBC decisions may be ideal for institutions, it is not ideal on an individual scale because every person has certain gut feelings he or she is unable to articulate. For this reason, personal discrimination is a sacred right which must always be upheld, and you should not hold yourself to machine-like standards because you are not a machine.

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