The illusion about bias and courts, that justice is blind. Justice might be blind but courts are not. Judges are people. People are naturally biased. The Judiciary does not have measures in place to even measure bias far less to deal with it. Some courts are designed around bias – like Family, Sexual Assault and Domestic Violence courts. Skepticism is justified in Sexual Assault cases when the accuser and accused know each other. Some laws are biased – like the Domestic Violence laws that are actually written by Feminists. There are some judges who get their cases consistently overturned by the Appeals Court but never face any back lash for sloppy judgements. There are dozens of studies conducted all over the world about how bias is perpetuated in justice – virtually all find the same thing – if you are male, black or poor expect to the courts to work against you. The only way the system deals with problem judges is in the generic mechanism in that you can appeal the case. A higher court will decide if the lower judge erred, but will almost never decide that there was bias, unless the judge was stupid enough to say something to directly reveal bias. The Judiciary don’t consider judges who openly engage in partisan activities to be a source of bias. Family court Judges are often involved in activist matters. Can a highly religious judge preside in a matter where one of the litigants has declared himself atheist? The US Supreme Court Justice, Ruth Bader Ginsburg is about to be involved in President’s Trump controversial ‘Travel ban’, despite her being publicly hostile towards Trump and his administration, against convention. Will she recluse herself? There is rule that she should, only if she considers her bias a problem. But courts will always be political and biased.
In 2017, we now have social justice infiltrating the judiciary. Social Justice cannot be blind, its just the opposite, and many judges now make decisions based on social justice principles. Family law is a good example of this. Hard principles of justice like, due process, right to property and innocence until proven guilty are suspended because … reasons. Rape and sexual assault is now heading down this same path.
We now have lots of women making it to the judiciary at all levels. Women see justice and political issues very differently. The differences between women judges and male judges are well documented in research and is beyond the scope of this post.