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In Jewish law, we are told that it is unjust to be biased and be swayed by poverty, to favor the case of the poor over the rich in a dispute. Within the realm of a formal court’s judgment this is crucial (Exodus 23: 3, 6). However, does this notion still apply today, where the disparity of wealth between the poor and the rich has become so large that the poor often can no longer properly advocate for themselves?
This notion of equality before the law is mostly a fallacy today in America, since the poor have such a serious disadvantage in the courtroom. The New York Times reported that more than 90% of criminal cases are never tried before a jury; most people charged with crimes just plead guilty, forfeiting their constitutional rights. The prosecution usually promises to give a deal to those who plead guilty and go all-out against anyone who tries to go to trial. It is simply cheaper to plead guilty than to try to pay for legal counsel.
Every individual should have the same fair opportunity before the law, because we must be committed to truth and justice. But this is not the reality today. Even if it were true, Judaism teaches that we must go over and above the law (lifnim mishurat hadin) to support those more vulnerable (Bava Metzia 83a). Furthermore, we learn that G-d created and destroyed many worlds that were built upon the foundation of din (judgment), and then G-d finally created this world built upon rachamim (mercy) (Rashi to Genesis 1:1). Our world can’t exist on pure judgment, rather, as fallible beings we rely upon the grace, empathy, and kindness of G-d and man.
We must be moved toward mercy for those who are suffering, and this must affect how we build society. President Obama explained the importance of empathy in jurisprudence when choosing Supreme Court justices: “I will seek someone who understands that justice isn’t about some abstract legal theory or footnote in a casebook; it is also about how our laws affect the daily realities of people’s lives. I view the quality of empathy, of understanding and identifying with people’s hopes and struggles as an essential ingredient for arriving at just decisions and outcomes.” Law is not only about principle, it is also about life.