The ‘Justice’ System.
There’s about a million things that I’ve wanted to write about recently but with my end of year exams coming up I’ve just not had the time, but this topic is one that I find particularly frustrating.
I do legal studies(year 12 in the Australian high school system) and we where recently looking at Criminal Sanctions and I found myself become very annoyed over the aims of sanctions as well as the adversary system in general. It became very apparent to me that the Criminal ‘Justice’ System was far more worried about how it treated the accused then actually achieving justice for the victim/victims family and I found myself butting heads with the rest of the class fairly often.
I personally think that the legal system is broken and that it really doesn’t do what it should do which is deter people from committing crimes, punish those who do and protect society. How many times have we heard of people getting away with something awful because of a lack of evidence even though its clear to everyone that said person did it. I find it frustrating that someone can screw up other peoples lives though crime and get off on stupid things and then be protected with double jeopardy, not to mention that a defense barrister is required to represent their client even if the client has admitted they did it! For every person who has committed a crime there is a least one victim who had their rights and civil liberties taken away, the criminal who did that to them as therefore automatically given up their own rights.
I don’t know a whole lot about the Inquisitorial system of trail but I do know that it’s main aim is to find out the truth of what happened, not give the parties total control or any of that crap and I think that the Adversary system really could learn a lot. I think the country would be a better place if there was more suspicion placed on the accused and less inadmissible evidence, I shudder to think just how many criminals have gotten off because something important was ruled inadmissible or because some jury is too idealistic to believe that yes another human being can rape and torture someone for five days before dumping them on the side of the road. Wake up and do your job!