Penal Code 459 PC | Burglary

The Power of Precedent: How Past Court Decisions Shape Our Laws

What exactly is a legal precedent, and why are they so important in our legal system? Well, let me break it down for you. When a court decides a case, they don’t just make a decision about that one case – their reasoning also gets used as an example for future, similiar cases. This is called “precedent.” So if a court decides a case about free speech, for example, their decision acts as a precedent for future free speech cases. Pretty cool right? Keep reading and I’ll explain more.

Binding vs Persuasive Precedent

There’s two main types of precedent – binding and persuasive. Binding precedent means a lower court has to follow what a higher court decided earlier. Like if the Supreme Court decides something about the First Amendment, all the lower courts have to go along with it. They’re “bound” by that decision. Persuasive precedent is when a court looks at what another court did, but doesn’t have to follow it exactly. The court might find the other decision helpful and persuasive, but its not mandatory to go along with it.

Binding precedent is super important for consistency. Can you imagine if lower courts could just ignore what the Supreme Court says? It would be chaos! Following precedent makes sure courts treat similar cases the same instead of just going with a judge’s personal views. Of course there are exceptions – sometimes precedent gets overturned if it was badly reasoned or doesn’t make sense anymore. But in general, courts stick to precedent through the doctrine of stare decisis (that’s Latin for “to stand by things decided”).

Famous Precedents that Changed History

Now that you get the basic idea, let’s look at some real life examples. Some of the most famous Supreme Court cases set important precedents that we still follow today. Here’s a few biggies:

• Roe v. Wade (1973) – This landmark case established a woman’s right to an abortion as protected under the right to privacy in the 14th Amendment. The Court said states can’t fully ban abortion, though they can regulate it to protect women’s health and potential life after the fetus becomes viable. Big precedent here!
• Brown v. Board of Education (1954) – This overturned the “separate but equal” doctrine from Plessy v. Ferguson and found racial segregation in schools unconstitutional. Huge step toward equality and overturning bad precedent.
• Miranda v. Arizona (1966) – Ever heard police read those “Miranda rights” on TV shows? This case said cops have to inform suspects of their right to remain silent, etc. Set the precedent requiring the famous Miranda warning.

There’s many more, but you get the idea – the Supreme Court sets influential precedents on major constitutional issues. Lower courts have to follow their lead. Of course, the Supreme Court does occasionally overturn its past decisions when society changes or they were clearly wrong. But following precedent is the default.

Using Precedent in Legal Arguments

Precedent isn’t just for judges – it’s a huge part of how lawyers argue cases too! When making a legal argument, lawyers will research past similar cases and use those as precedents to support their position. If a higher court already decided a relevant issue, that carries a lot of weight.

For example, say a lawyer is arguing a free speech case. They’ll look for Supreme Court cases about the First Amendment that support their argument, and say “Your honor, in Precedent v. Example, the Supreme Court said X. Based on that binding precedent, you should rule in my client’s favor here.” See how it works? Precedent is crucial for lawyers trying to persuade the court.

Overturning Bad Precedent

I said earlier that courts don’t overturn precedent too often. But sometimes, they realize past decisions were wrong and need to be overturned. When does this happen?

Well, the Supreme Court has said it might overturn precedent if the past decision was “unworkable” or “badly reasoned.” There has to be a really good reason – they don’t just throw out precedent willy-nilly. Some examples:

• Brown v. Board of Education – Overturned Plessy v. Ferguson and the “separate but equal” doctrine because segregation was clearly unconstitutional.
• Lawrence v. Texas – Struck down anti-sodomy laws as unconstitutional. Overturned Bowers v. Hardwick which had upheld them.
• Obergefell v. Hodges – Found bans on same-sex marriage unconstitutional. Overturned precedent that marriage was only for opposite sex couples.

As society progressed, the Court realized these old decisions were oppressive and wrong. So precedent does change sometimes, but courts are very cautious about it.

Precedent Limits Judge’s Power

Here’s something interesting about precedent – it limits judicial activism. That’s when judges go beyond just interpreting the law and “make law” based on personal views. Without precedent, a judge could potentially rule however they want!

But with precedent, judges have to connect their reasoning to past cases. Even Supreme Court justices have to work within the framework of existing precedent. So while precedent does evolve, it puts some constraints on judges being too radical or ideological in their rulings. Pretty neat system right?

Precedent Makes Law More Predictable

Finally, precedent is crucial because it makes the law more predictable. Think about it – if courts approached every new case from scratch, how could you ever know how they’ll rule? Under precedent, we can look to past similar cases and have a good idea how the court will decide.

This predictability makes the law more fair – people in similar situations should get similar results. It also makes the law seem less arbitrary. Instead of just going with a judge’s personal whims, precedent roots decisions in past reasoned analysis. This promotes public faith in the impartiality of the courts.

So in summary, precedent might seem technical but it’s super important for consistency, fairness, and public trust in the courts. It balances respect for past wisdom with flexibility for the future. And of course, lawyers use it argue cases every day! Now you know the power of precedent.