But I think I can say this: (a) it must ensure that no innocents are convicted and no guilty are acquitted...
Counsellor, am I understanding you correctly? Are you saying that you want a test with both 100% sensitivity and 100% specificity?
But I think I can say this: (a) it must ensure that no innocents are convicted and no guilty are acquitted...
Please - enlighten us with an example !
Counsellor, am I understanding you correctly? Are you saying that you want a test with both 100% sensitivity and 100% specificity?
Butler: this is a very important issue to discuss and debate. Unfortunately, this is not the right place to do it: much too complex for a forum such as this... where all we can do is talk but can't do anything.
But one point worth making: ask organized crime what they think of the right to remain silent... which is one of the most fundamental concepts of our system. The innocent don't need it... except to protect themselves against corruption and the abuse of power by government, etc.
I think that your quoting the Japanese legal system as a positive model with respect to the recent Ghomeshi verdict is simply asinine. Japan is a country which had democracy imposed on it by the Americans after their defeat, surrender and occupaton after World War II. However with respect to women's rights, Japan remains highly misogynist and women continue to undergo egregious violations of their human rights. Ghomeshi like behaviour is highly tolerated in Japan and he likely he would never have been charged in Japan let along gone to trial. Japan even recently outlawed child pornography due to international pressure! The accusers and their families in the Ghomeshi trial would have been ostracized by Japanese society let alone the legal system.
In the Ghomeshi trial some of the accuser according to the judge withheld evidence and perjured themselves repeatedly giving the judge no other choice than to aquit the accused. The Ghomeshi case has so many complications and introduces so many inconvenient truths about society and the legal system. It will be interesting to see how the June trial proceeds now, if at all.
As usual, you are missing the point!
Perry
None are so blind as those who do not know they are blind!No doubt because you haven't made one!
Take what I said for whatever it is worth to you… treat it as my unsupported personal opinion without merit of any kind, if you wish… but remember that I have many years experience working with the system: I am not reading it from a book or making it up as I go along! :Eek:
Perry
Because a few sentences about the judicial system could not even remotely begin to adequately convey intelligent ideas about such a huge and complex subject.You are taking the time to read & respond to these posts so I'm at a loss on how a simple narrative of a few sentences couldn't convey your ideas for improvement to the current judicial system.
I have neither the time, energy nor inclination to waste. If I thought that debating it here could accomplish anything, I would gladly do so…
Take what I said for whatever it is worth to you… treat it as my unsupported personal opinion without merit of any kind, if you wish… but remember that I have many years experience working with the system: I am not reading it from a book or making it up as I go along! :Eek:
None are so blind as those who do not know they are blind!
Perry
I didn't quote it as a positive example. Rewrite your reply.
Ah sir, I think that had you anticipated my response you would not have mentioned Japan in your thread! If Japan is not a positive, then is it a negative example?
You really have difficulty understanding the English language, don't you?Several people have asked you to make a point. You refuse, and just mysteriously wave your hands and intone that there is a better way. I pointed out the impossibility of having a definitive result where evidence is lacking and pointed out "science" has gotten a lot of cases wrong.
You have had nothing to say for yourself. Maybe you have some wonderful idea in mind but all you have done here is post frilly rhetoric with no substance.
If you actually DO have any ideas how we could do better please share!
You really have difficulty understanding the English language, don't you?
Perry
All sputter. No content
Here's the content (written to Perry):
I don't think you have a real answer for what to do when the evidence is simply lacking.
One thing you could do is what the Japanese do, which is have a much higher standard for charging people. They have a conviction rate around 99% because the police there don't charge you unless the case is a slam dunk.
The flip side is that while they achieve in a way what you want, fewer innocents found guilty and fewer guilty found innocent, they achieve that by failing to even charge a lot of guilty people, lots of yakuza guys walking around found serious crimes but the police don't act because some evidence is lacking. Is that better? And they still have wrongful cases.
If there isnt enough data to make a decision what do you do? You can't just say "science!" In most cases the data you need just doesn't exist no matter how you look for it, and there have been lots of convictions from faulty science (Motherisk, Charles Smith). It isn't a miracle answer.
Because a few sentences about the judicial system could not even remotely begin to adequately convey intelligent ideas about such a huge and complex subject.
This is not a question of "Justice for Dummies"!
Perry