Adversarial Justice, maybe not all its cracked up to be.

I am working my way slowly through “Stories of the Law“, by the Secret Barrister and came across this,

Such as whether adversarial criminal justice is all it is cracked up to be. Whether to much – truth, dignity – is sacrificed on its alter. Whether a system that does not have as its stated aim the pursuit of truth, but instead rewards the best game player in a winner-takes- ll contest, can really be said to deliver justice in a sense understood by anyone outside of legal circles. And whether, if we have abandoned –  or never even prized – truth as a guiding principle of our trials, we’re doing the gross injury to Enlightenment principles with the result that all of us – defendant , victim and society – are wronged.

The Secret Barrister

I wrote this too soon. In the following paragraph, SB, makes the argument that inquisitorial systems have one fundamental weakness

Such cases demonstrate the fallacy of assuming the state is able to neutrally seek truth as opposed to aligning on its own theory and embarking on ex post facto buttressing of that narrative. And this is a criticism often levelled inquisitorial systems by those who work within: not withstanding their oxymoronic designation as ‘neutral’ prosecutors, the prosecutor and the police may bow to natural inclinations to take a partisan position against the suspect and construct a case against him.

The flaw runs deeper than the motivations of individual investigators, however: inquisitorialism is compromised by the inherent susceptibility of the state machinery to political influence not at the level of high conspiracy, but the subtle pressures the government bring to bear on the administration of criminal justice. The ubiquitous ministerial intuition that cost savings can be made without public outcry by shearing the justice budget, cutting a few corners here and there,  has been demonstrated at length. You do not need to be modelling a tin foil hat to recognise the politicians incrementally dispense with systemic safeguards, increasing the incidence of wrongful convictions, to bank transitory credit for being ‘tough on crime’; often as a reflex to media campaigns to improve conviction rates for particular offences.

The Secret Barrister

Featured image : Richter benutzt dunkelbraun-goldenen Hammer vor weißem Hintergrund CC 2.0 Marco Vetch 2018 BY