Jennie
Saturday 7th September 2013 12:11pm [Edited]
2,767 posts
Quote: Alfred J Kipper @ September 7 2013, 1:02 PM BST
But that's my whole point, we don't really and I'm sure you know we don't really. We have a heavily criticised adversarial prosecution which has changed little since the days of witch burning, a hostile barracking of both parties and then a jury to make their minds up based largely on allegations, clever advocacy and disputed evidence. This is why so many convictions are later squashed. Is this real justice?
I don't know who is telling the truth - if I ever gave you the impression I did, then I'm sorry. Of course I don't know. But you seemed to be suggesting there should be no trial at all.
It's right to say that we have an adversarial system in this country, rather than the inquisitorial systems you find on the continent. On the continent, Judges do the investigating and make their ruling. Here, we let prosecution and defence slug it out - the theory being that the truth will emerge from the carnage.
I much prefer our system, but there are those who would favour a more continental approach.