Wednesday, July 18, 2012

Why Does Justice Take So Long?

The entirety of the judicial process needs to be shortened such that criminal activity is dealt with in a reasonable and effective manner.

The most important thing that has to happen is that the time lines associated with the process must be shortened.

No criminal trial should ever last more than a year from the time of the infraction. This is possible if the following tactics are implemented. One, lawyers on either side are compensated by determining the truth. Two, the police are given broader abilities to investigate crime and to collect evidence and three the judiciary simply works harder.

Conceptually, the idea of plausibility has to be eliminated.  The notion of reasonable doubt has clouded the legal system as defense lawyers create any myriad of arguments to create an image of innocence. They genuinely create artificial circumstances to cast doubt on the guilt of the accused with no bearing on the facts at all. This should be considered a highly unethical and a catastrophic abandonment of legal principal.

Also, the legal system seems more than willing to take into account mitigating circumstances. Why? If the crime is committed than punishment is warranted.  Though one can argue as to the compassionate nature of our society by considering the factors that might lead to violent crime they should not be admitted as they just cloud the issue at hand i.e. guilt or innocence and take up time.

The first step to changing the system is to have lawyers on both sides of the process paid by how well they arrive at the actual circumstances of the case.  The notion of guilt and innocence needs to go away.  The defense is obligated to provide evidence it collects and witness statements including those from the accused into the trial.  The defense should never be considered a process to create excuses for the action, twist the facts and in worse case even create lies.  The accused also needs to be required to take the stand in all trials.

Lady Justice is symbolic of being blind to the equitable nature of who is the accused rather than being blind to the truth itself.  The framers of the Constitution envisioned a system of judicial equality not one where the truth is incidental.

No comments:

Post a Comment