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> > . Two years on, and we were just at the beginning of "discovery" -- an amazingly invasive process that appears to be unique to the US legal system. > > This
by cycomanic 2y ago
> > . Two years on, and we were just at the beginning of "discovery" -- an amazingly invasive process that appears to be unique to the US legal system.
>
> This is common in almost all legal systems.
This statement is false, both the German and French legal systems do not have something like discovery. To confirm for yourself just Google "is there something like discovery in the German/French legal system". Considering that many legal systems are based on these two (one could argue the German one is based on the French as well) I think we can conclude that not having discovery is in fact common.
> How else would the defendant get to examine the evidence against them and how else would you provide evidence if there was no discovery process?
>
> Its hard to imagine there would be a legal system without it.
Here is a link how the German system works without it. It also explains why for German legal practitioners it is a concept that violates some of the core principles of fair justice.
https://www.linkedin.com/pulse/german-way-discovery-just-dont-do-holger-uhl https://www.linkedin.com/pulse/german-way-discovery-just-don...
- TsiCClawOfLight 2y agoMost legal systems in Europe are based on Roman law, including the French and German. The Anglo-American ones are unique in that they are based on common law, not Roman law.