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In adversarial systems, the prosecution's objective isn't to reach a truth, but instead to fight to convict you. This incentivises dirty tricks, misrepresentati

by rtpg 3y ago

In adversarial systems, the prosecution's objective isn't to reach a truth, but instead to fight to convict you. This incentivises dirty tricks, misrepresentation of facts, and ultimately the full force of state resources looking at putting you behind bars. And during this whole process you are often locked up anyways for this process, independent of actual guilt. In that model and imbalance of resources, having statue of limitations in place alleviates the need for defendents to, for example, keep records of their actions and reasoning for 30+ years. How would you navigate being charged for tax evasion from 35 years ago, for example? EDIT: to be clear, I don't think this is necessarily a precise defense of statuetes of limitations specifically, just a "well they're not a bad idea" sort of defense

qingcharles 3y ago
Amen, brother. You hit the nail on the head with this one. Going to get all the charges against me dismissed by the prosecutor tomorrow, but took ten years of being in jail, waiting for trial, before they came to that decision. The system is broken :(
biggc 3y ago
Are there any examples of a country with a non-adversarial Justice model?
- 462436347 3y ago
  Most countries in Europe and Latin America: https://en.wikipedia.org/wiki/Inquisitorial_system https://en.wikipedia.org/wiki/Inquisitorial_system
- rtpg 3y ago
  Inquisitorial systems (more present in civil law systems big also present in some US courts) have the judge act as a fact finder. In that model the judge is basically an active participant in figuring out what happens, instead of just being a referee in between two parties. So the judge (a professional whose job it is to do this) is more of an active participant and a determiner of guilt rather than 12 randos off the street (modulo a bunch of stuff). This leads to things like guilty plea bargains not being as much of a thing if the judge doesn’t believe the confession. Source: I read the Wikipedia article on inquisitorial systems and watch tv. So I don’t know what I’m talking about but it sounds nice (also aligns with what I’ve heard about French court procedure) I think this covers Japan too (anyone who plays phoenix wright might wonder: why is the judge just declaring a result?)
avar 3y ago
> In that model and imbalance > of resources, having statue > of limitations[...] Would a statue of limitations be symbolic like the statue of liberty, or an autonomous mecha or golem serving as an independent check on state power, whose slumber you'd disturb at your peril?

by rtpg 3y ago

qingcharles 3y ago

Amen, brother. You hit the nail on the head with this one. Going to get all the charges against me dismissed by the prosecutor tomorrow, but took ten years of being in jail, waiting for trial, before they came to that decision. The system is broken :(

biggc 3y ago

Are there any examples of a country with a non-adversarial Justice model?

462436347 3y ago
Most countries in Europe and Latin America: https://en.wikipedia.org/wiki/Inquisitorial_system https://en.wikipedia.org/wiki/Inquisitorial_system
rtpg 3y ago
Inquisitorial systems (more present in civil law systems big also present in some US courts) have the judge act as a fact finder. In that model the judge is basically an active participant in figuring out what happens, instead of just being a referee in between two parties. So the judge (a professional whose job it is to do this) is more of an active participant and a determiner of guilt rather than 12 randos off the street (modulo a bunch of stuff). This leads to things like guilty plea bargains not being as much of a thing if the judge doesn’t believe the confession. Source: I read the Wikipedia article on inquisitorial systems and watch tv. So I don’t know what I’m talking about but it sounds nice (also aligns with what I’ve heard about French court procedure) I think this covers Japan too (anyone who plays phoenix wright might wonder: why is the judge just declaring a result?)

avar 3y ago

> In that model and imbalance > of resources, having statue > of limitations[...] Would a statue of limitations be symbolic like the statue of liberty, or an autonomous mecha or golem serving as an independent check on state power, whose slumber you'd disturb at your peril?