Showing posts with label investigation. Show all posts
Showing posts with label investigation. Show all posts

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.

Thursday, April 5, 2012

News Media: Just Give Me The Facts

News media needs to stop entertaining so much and get back to investigation.

Freedom of the press is truly one of the greatest differences between the US and the rest of the world.  It exists truly as one of the series of checks and balances of the US system. It was partially envisioned to act as the watchdog for the general public in terms of rooting out wrong-doing within the various systems of US society i.e. business, politics, ethical actions, criminal activity

However, the news media has in the last twenty years just become an entertainment medium like any other and really serves virtually zero beneficial purpose other than general informing.

Outlets of all mediums has to serve a more tangible role in the modern world rather than being so willing to be spoon-fed the news and manipulated by influential private PR companies. In the worst case scenario which has become so prevalent, many news media outlets have just become part of the process and exist purely to serve an agenda under the guise of being a news agency.

The internet has certainly become a new medium for reporting but unfortunately due to lack of access and resources by the people who are striving to reveal the facts and truth it is mostly just opinion fueled rants that drives the content so little actual information is considered reliable. Further, even when it is proven reliable information there is usually such a backlash due to the ethical nature of the organization sharing the information that the information is overshadowed. WikiLeaks is a prime example.

What needs to evolve is an independently funded media that does not have to rely on subscribers or advertising for its operational budget and does not have to answer to society for what it reports on. I would suggest that the news media world should pool its resources rather than being in a competitive environment  such that the original intent of the media is to represent public interest rather than have to rely on that same public for its revenue. Currently, the public is more interested in being entertained rather than informed so they should not have the ability to influence news reporting.