> And courts should be "swayed by public sentiment".
That's problematic.
Part of the function of courts and judges is to convince people not to "take the law into their own hands", and mete-out punishment by mob. That incentivizes courts to hand-down more severe sentences, especially in scandalous cases. Another part is to interpret the law fairly (Justice as Fairness), a function that is often at odds with the former function.
I don't think it's at all the business of courts to try to appease the mob; that leads inevitably to trial-by-tabloid, which is no kind of justice.
Well, you turned "general societal attitudes" in to "appease the mob", which is a very different thing.
In 1986 the SCOTUS rules that consensual homosexual sex in private could be banned (Bowers v. Hardwick). Such a ruling would be almost unthinkable today, and was already overturned in 2003 (Lawrence v. Texas). All the arguments used in 1986 and 2003 could still be used today because the constitution hasn't changed, but what is and isn't societally acceptable on this front very much has.
I'm not talking about whatever was in the papers this week, or the opinion polls this year, or whatever Biden or Trump or whomever said last week, I'm talking about broad and general shifts in attitudes that take place over years and decades.
That's problematic.
Part of the function of courts and judges is to convince people not to "take the law into their own hands", and mete-out punishment by mob. That incentivizes courts to hand-down more severe sentences, especially in scandalous cases. Another part is to interpret the law fairly (Justice as Fairness), a function that is often at odds with the former function.
I don't think it's at all the business of courts to try to appease the mob; that leads inevitably to trial-by-tabloid, which is no kind of justice.