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Fionordequester posted:.... With all due respect, this is essentially how most of the criminal justice systems in countries within the civil law tradition operate, and it really isn't as bad as you might expect. I'm not entirely familiar with the Japanese system, though if I'm not mistaken it's quite Germanistic in style, but most countries operate on a system of safeguards. The prosecutor holds a lot of sway and is invaluable even in the investigatory stage, but through early access to a lawyer (since 2008, after Salduz v. Turkey, a European right, even if some countries are remarkably slow at actually implementing this right) and oversight by judges and magistrates a fair process is guaranteed. As opposed to the Anglo-American common law adversarial tradition, the civil law tradition operates with an inquisitorial purpose. Rather than two equal parties it's the judges role, often aided by the prosecutors and the prosecutor's service to ascertain the "truth" in a given case. oscarthewilde fucked around with this message at 22:20 on Mar 31, 2016 |
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Mar 31, 2016 15:28
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