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> What I've found is that jury systems tend to favor the "competition" model of justice, where prosecution and defense are locked in combat, with the judge as r
by Amezarak 8y ago
> What I've found is that jury systems tend to favor the "competition" model of justice, where prosecution and defense are locked in combat, with the judge as referee. Lawyers are gauged based on their ability to win cases rather than their ability to practice law well. Underhanded and unfair tactics, rather than receiving criticism, are honored and celebrated. It very much follows the American model of "win at all costs."
This is the case on legal dramas and very high profile cases, perhaps, but certainly not the vast majority of cases that actually go to trial - there is no interested audience that cares for most cases. Certainly the system is set up to be adversarial (though it generally isn't so much in practice), but for the most part, that benefits defendants.
Yes, I suppose if you're worried about Law and Order and the Public Peace, it's easier to just route everyone into a system that effectively mirrors the American plea bargaining system. But I'd rather a hundred guilty men go free because of their showboating lawyers than one innocent man go to prison. I'm not really clear on what "underhanded tactics" you have in mind; the ones I know well are practiced generally by law enforcement and public prosecutors, who necessarily hold most of the cards, and they do it for bench trials too.
But again, I think it's important to emphasize that the jury trial is an option for a defendant in a criminal case. It's an important option that no state-driven process can replicate, because you're ultimately ceding the case to the law and your peers, instead of just one or more out of touch, even elitist, judges, who may be "interpreting" the law very far from its plain reading or intent (in accordance with established legal practice) and who may take a very dim view of illegal behavior that society at large doesn't care about (say, smoking weed.)
> America hasn't actually progressed very far from frontier justice.
I think this remark deserves some expansion, since there's no obvious connection between frontier justice and the American jury trial system; it comes across as a wholly unsubstantive statement that's meant to tarnish it rather than explain it.