How to improve our "justice system".

JLM

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Let's pretend we are all on a panel on how to improve our justice system. I know the vast majority thinks it could use a major up grade. Where do we start and what do we change? In this game there are no limiting rules. I'll start the ball rolling by suggesting it will never be right until such a time as a person doesn't have to be able to afford a good lawyer for an acquittal or lenient sentence.
 

Machjo

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I'd say first off, replace the adversarial system with the inquisitorial system. That would make it more fair for the poor who can't afford a slimy... oh, sorry, I meant cleaver lawyer.

Another advantage with an inquisitorial system is that it eliminates juries that could be manipulated by technical and scientific information beyond their understanding, thus potentially leading to an unfair decision. Under an inquisitorial system, we'd face a panel of judges. They may not be experts in each field, but since they would see similar cases again and again, they'd still be more familiar with them than the average jurist.

Besides, the inquisitorial system is not wholly unheard of in North America and is often used in misdemeanor cases or cases involving simple traffic violations. It would thus just be a matter of extending it to more serious cases.
 
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Machjo

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Sorry, I just corrected my previous post by replacing the word 'eliminate' with 'replace' as the third word in that post. It might make more sense this time around.

Sorry again. As the first word after the first comma.

I can also add that the inquisitorial system is much more common in some European countries too, so we could always learn from them too in implementing this.

Now while it's true that no system is purely adversarial or inquisitorial, they usually are founded on one or the other even if influenced somewhat by the other. I'd say ours ought to be founded on a more inquisitorial system, while simply allowing that system to adopt ideas from other systems within that framework.

I suppose my penchant for the inquisitorial system should not be too surprising.

In political matters, I prefer a non-partisan system of government with no parties and just a caucus of the whole, as a mens of promoting more unity among parliamentarians, thus presenting a stronger symbol of unity among the population as a hole, rather than a nation divided along ideological lines. This is also why economically I'm more of a corporatist than either capitalist or socialist, since capitalism creates many inefficiencies caused by energy exerted in competition rather than production, and socialism owing to energy wasted in class conflict rather than production. Some form of social corporatism would promote common ground.

Looking at it that way, my philosophy with regards to the justice system very much reflects my views on the economy and political systems too.

I guess we shouldn't be surprised that we use an adversarial system in our court system. After all, we use such a system in our economy and politics too. Just a general waste of resources and inefficiencies all around. By promoting a more collaborative and unifying system, not only do we waste less energy in competition, class warfare, and legal confrontationalism, but we also manage to promote a stronger sense of unity, also related to patriotism and a sense of belonging to a wider nation.

I have no doubt that the confrontaitonal approach to our economic, political, and legal system also spill over into our entire social system, with regards to protest groups breaking the law by sabotaging events (e.g. G20), corporations wasting money on lobbyists to compete for influence in government, labour disputes, TV (mostly all fighting films), and whether we are aware of it or not, probably education too. Essentially, rather than promoting unity among our compatriots, it promotes competittion, be it individual, inter-provincial or international.
 

JLM

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TenPenny

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For the likes of Pickton, we should take a page out of the trials of the old West- a judge, a couple of sherriffs, a length of rope and a big tree would do fine.

Don't you think it would be useful to find out if he's guilty, before hanging him?

How do you propose to find out if he's guilty without a trial? Without investigations?
 

JLM

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Don't you think it would be useful to find out if he's guilty, before hanging him?

How do you propose to find out if he's guilty without a trial? Without investigations?


That's what the judge and sherriffs are for. Don't forget D.N.A. from 33 women was already found on his property.