Tuesday, March 6, 2012

Just the Facts: A New Goal For Criminal Trials

The ultimate goal of any criminal trial should solely be to determine what actually happened.

The prosecution as well as the defense has to have equal onus on identifying the facts and then coming to a conclusion as to guilt or innocence of the accused.  The concept of reasonable doubt needs to be eliminated such that genuine criminal activity is punished rather than excused.

Criminal lawyers on both side of the table need to be evaluated and subsequently compensated for their ability to arrive at the actual conclusion i.e. the truth, and circumstances of the crime rather than merely trying to prove guilt or innocence.  In the modern world, no criminal should ever win their freedom as a result of simply having a better lawyer.  An innocent verdict when someone is actually guilty should never be a result that the criminal justice system permits.

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