Wednesday, August 14, 2019

What Is/Should Be The Role of Defence Solicitors and Barristers?

In the UK, the CPS does not tend to actively prosecute criminal cases. The solicitor/barrister reckons to stand up and present the evidence - very little more in most cases - especially in the lower courts.
The defence then fights everything tooth and nail, aggressively determined to gain a not guilty verdict, irrespective of the guilt or otherwise of the accused or the basic fairness of the proceedings. They see it as their duty to undermine.
I once recall a well-known local solicitor cut a young policewoman to ribbons with his vicious cross examination. It was so unnecessary - she had acted reasonably. He, however, did not!
Surely, the only function of the defence should be to ensure that justice be done and that their client is not 'railroaded'. Sadly, that is not how it works, however.
The defence is, in perhaps a majority of cases, a hindrance to justice.
Was the adversarial system really meant to be like this?
Perhaps it is time for a root and branch change to some kind of inquisitorial system.

I hope most Americans had a Godly Thanksgiving.

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