Quote:
Originally Posted by Platapus
It is a sad commentary on our judicial system when both sides (prosecution and defense) are trying to manipulate the jury instead of just using the facts.
I wonder in the inquisitorial system could ever work in this country? The adversarial system seems to have drifted away from its original intent.
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That can be blamed squarely on the government ie the prosecution or the persecution as I like to call them.Due to the prosecutors office being a political operation, politics comes into play, esp in the US.Instead of seeking the truth, the boss ie the district/state attorney makes decisions based on politics, the lower levels have no real discretion. Prime example of this is the Case Anthony case.They knew they had no real case but the sensed blood in the water, overcharged her, went for the throat, figuring public emotions would convict her and they lost the case because they slapped a first degree murder charge on her without any real evidence, then tried to use junk science lol.This happens EVERYDAY even the low profile cases as well.
Another factor is the quality of people attracted to that job.I am sorry, but no attorney worth a damn will stay in a government job for long if they can make more money in private sector.The thing is, many are the talentless hacks and dregs of the legal profession, they are there because its a salary and benefits and requires no real talent or ambition to do the job.They are stooges for the government, nothing more.
Typically, they are self righteous, yes men and women who can and do not think for themselves.I encountered them when I worked at a firm and see the types in class who can't wait to be prosecutors and I often remind them they will be nothing more than a stooge for the government.The look on their face, like that of child who realized their hero was in fact not that great, is priceless.
The defense is there to protect the client's rights and keep the government off their back.The outrageous defenses that come out at times can be blamed on the prosecutions outrageous charges, every action there is an equal reaction.
In a perfect world, prosecutors would play by the rules, defense would ensure client's rights are upheld and everyone would go home happy but what are people to do when the government comes down on them? Use the system to your full advantage to get out of it.