Monday, September 28, 2026

The Rule of Law Cannot Be Driven by Feelings

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The jury in the Lindsay Clancy trial voted 11‑1 to acquit a mother who murdered her three children, igniting a firestorm over the rule of law.

Jury Verdict Sparks Debate Over Rule of Law

Legal doctrine “stare decisis” requires courts to follow precedent, ensuring stability and predictability in the American legal system.

Paula Devlin, a juror in the case, told CBS Mornings that the women on the jury wanted “justice for those children” and hoped to “make it better for other women.” That claim misstates the juror’s duty, which is to decide whether the defendant knew right from wrong at the time of the act.

Devlin also exposed the lone holdout—a Black man and the only male juror—to Gayle King, prompting relentless online attacks against him.

When jurors let feelings guide their verdict, the outcome depends on personality, not evidence, creating chaos and undermining the rule of law.

In a 2019 law‑review article, attorney Samantha Harris and Brooklyn College professor K.C. Johnson examined hundreds of student lawsuits alleging constitutional violations after colleges lowered the burden of proof in sexual‑assault cases following the 2011 “Dear Colleague” letter.

They reported that schools replaced “clear and convincing” evidence with “preponderance,” eliminated the presumption of innocence, barred cross‑examination, and allowed accusers to appeal dismissals, turning accusations into de facto convictions.

Legal expert Gary Pavela noted that, in more than 20 years of reviewing higher‑education cases, he had never seen such a cascade of university losses.

Harris and Johnson found no political bias among federal judges, but female judges ruled for institutions in 67 % of the cases while male judges favored plaintiffs in 53 % of rulings.

Female judges and jurors may struggle to set aside personal emotions and apply the law impartially, especially when they seek to “send a message” or “show compassion.”

Intellectual integrity, courage, and a willingness to bear unpopular decisions are essential for anyone serving as a judge or juror.

John Adams declared that the United States is “a government of laws and not of men,” a principle that cannot survive when truth becomes opinion and law bends to social media pressure.

Views expressed are those of the author and do not necessarily reflect those of The Epoch Times.

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