Comment Re:here are your choices: (Score 1) 300
Declaring the U.S. justice system fundamentally broken is not 'naive', nor does randomly pointing out the irrelevant fact that all justice systems involve "people" make it so. This is a perfect example of a belligerent, narrow-minded person willing to lash out in ignorance against others without thinking through what their position might be.
The U.S. legal system can be clearly demonstrated to be unworkable by simply studying its current foundation and operating principles. First off, the legal system involves a body of legal texts operating at multiple levels which are inaccessible to the public. The sheer scope and detail of the legal system precludes even large bodies of lawyers from comprehending it fully, requiring many to devote entire careers of research to deal with various legal cases and issues. If you don't believe this, find a lawyer who would ever recommend defending yourself before a court. From the host of local ordinances designed to give police excuses to stop and search people who are committing no actual crime to the tangled federal jurisdiction rules which allow the USSC to wash its hands of human rights violations across the nation while still allowing the Feds to wage war on people practicing legal activities under local state laws, the 'rules' are beyond the scope of the populace to understand sufficiently to challenge those working 'within' the legal system.
Add to this the fact that those designed to represent the citizenry. The people you need to hire to do things like defend you or interpret law for you, are now part of a purely private, purely profit oriented sector. This only helps convolute the legal system as these forces struggle to reinvent the law to further profit minded orientations. Neither the law nor the citizenry is the primary focus of their behavior, profit is. As a result, and as we've regularly seen, money defines court outcomes, not justice or even legal rational.
And as for juries, someone asked what the odds were of getting twelve idiots. They seem to forget a stage in most trials by jury called jury selection, in which both sides pick and choose their jury, working as hard as possible between them to find the twelve most gullible, least attentive people they can. Under circumstances like that, the odds are pretty damned good. And the lawyers better at picking juries that play to their strengths will, of course, be hired by the more powerful legal entities and be hired out to those who can pay the most for their services. Again, don't believe me? The refusal of so many to challenge the legal teams of large corps like Wal-Mart or Microsoft, while still being overeager to take on any case going after smaller local entities, no matter how frivolous, clearly illustrates this fact.
And we haven't even gotten into the rampant corruption riddling major police forces, the excessive powers of judges, the refusal of 'The Bar' to govern itself, blah blah blah blah. There's nothing naive about understanding these facts undermining the foundation of law in the U.S. There's only grotesque hostility and ignorance from people too stupid and self absorbed to even try and understand views they don't already agree with.
The U.S. legal system can be clearly demonstrated to be unworkable by simply studying its current foundation and operating principles. First off, the legal system involves a body of legal texts operating at multiple levels which are inaccessible to the public. The sheer scope and detail of the legal system precludes even large bodies of lawyers from comprehending it fully, requiring many to devote entire careers of research to deal with various legal cases and issues. If you don't believe this, find a lawyer who would ever recommend defending yourself before a court. From the host of local ordinances designed to give police excuses to stop and search people who are committing no actual crime to the tangled federal jurisdiction rules which allow the USSC to wash its hands of human rights violations across the nation while still allowing the Feds to wage war on people practicing legal activities under local state laws, the 'rules' are beyond the scope of the populace to understand sufficiently to challenge those working 'within' the legal system.
Add to this the fact that those designed to represent the citizenry. The people you need to hire to do things like defend you or interpret law for you, are now part of a purely private, purely profit oriented sector. This only helps convolute the legal system as these forces struggle to reinvent the law to further profit minded orientations. Neither the law nor the citizenry is the primary focus of their behavior, profit is. As a result, and as we've regularly seen, money defines court outcomes, not justice or even legal rational.
And as for juries, someone asked what the odds were of getting twelve idiots. They seem to forget a stage in most trials by jury called jury selection, in which both sides pick and choose their jury, working as hard as possible between them to find the twelve most gullible, least attentive people they can. Under circumstances like that, the odds are pretty damned good. And the lawyers better at picking juries that play to their strengths will, of course, be hired by the more powerful legal entities and be hired out to those who can pay the most for their services. Again, don't believe me? The refusal of so many to challenge the legal teams of large corps like Wal-Mart or Microsoft, while still being overeager to take on any case going after smaller local entities, no matter how frivolous, clearly illustrates this fact.
And we haven't even gotten into the rampant corruption riddling major police forces, the excessive powers of judges, the refusal of 'The Bar' to govern itself, blah blah blah blah. There's nothing naive about understanding these facts undermining the foundation of law in the U.S. There's only grotesque hostility and ignorance from people too stupid and self absorbed to even try and understand views they don't already agree with.
