Wednesday, June 29, 2011

The Adversarial System's Weaknesses Highlighted In Bellfield's Trial.

Well. I have been part of The Adversarial System and can perhaps speak with some authority on this topic. In Magistrates' Court what this effectively means at a guilty plea, is that the CPS lawyer gives a basic outline of the case and then sits down - seldom to be heard from again.
Whereupon, the defence solicitor launches into a vigorous, heavy-handed and often verbose campaign to gain a reduced sentence whilst the CPS remain rather detached and slightly aloof, thus creating a large imbalance in the proceedings.
In a trial, the situation becomes even more out of kilter as the defence launches scything attacks on every prosecution witness whereas the prosecution tends to ask straightforward questions of defence witnesses.
The prosecutorial tirades and trickery may be occasionally seen in Crown Court but are virtually unknown in summary proceedings.
As somebody who has much respect for the former system - when it has been eroded and undermined to the current extent, with sad hand on heart, I must say that perhaps a form of inquisitorial system in front of a jury or Bench of Magistrates, of course, may have to be the way forward.
Still. We get no say on such matters - Le Code Napoléon under the euphemistic title of Corpus Juris, is the avowed aim of Brussels so we shall probably have little say in the matter.
Nonetheless, The Adversarial System is about who has the better case.
An Inquisitorial System Is About 'Finding Truth.'

Blessings To All Who Follow The Saviour and May All Who Do Not Know Him, Meet The Lord, Face To Face, This Christmas.

                                      THE CHRISTMAS STORY. The Word Became Flesh (John 1:1-5) In the beginning was the Word, and the Word w...