- Joined
- Sep 28, 2002
- Messages
- 39,793
Quote:
Bull comes from both ends of the spectrum. It comes from Prosecutors just as bad as from any Attorney. Anybody that tells me anything different is fooling themselves.
Most of us don't understand the "adversarial" justice system. We're mostly convinced that there's a "reasonable" outcome desired by the state ...that justice will be served, so to speak. While the end result "may" be just, the mechanism to achieve that just end is ruthless.
You have two participants grandstanding their role "in the round" of a performance. The jurors are the critical audience ..the judge the referee/censor in the show/competition.
Beyond the rather static and apparently one dimensional (only apparently) "rule of law" ...it's a no holds barred event that is mostly devoid of compassion. If there is any such compassion in it, it is in the level of punishment assessed ..not whether punishment is deserved.
It's very much like filing a grievance or having some discipline taken against a union member in a union shop. You may win, but you'll lose for the winning. There will be a penalty just for being enough of a spectacle to warrant review and adjudication.
This is why you see max penalties so high and the typical sentence handed out as so relatively low. It's much easier to get concession when staring down a barrel of a gun. They always have the option of putting it back in the holster.
Bull comes from both ends of the spectrum. It comes from Prosecutors just as bad as from any Attorney. Anybody that tells me anything different is fooling themselves.
Most of us don't understand the "adversarial" justice system. We're mostly convinced that there's a "reasonable" outcome desired by the state ...that justice will be served, so to speak. While the end result "may" be just, the mechanism to achieve that just end is ruthless.
You have two participants grandstanding their role "in the round" of a performance. The jurors are the critical audience ..the judge the referee/censor in the show/competition.
Beyond the rather static and apparently one dimensional (only apparently) "rule of law" ...it's a no holds barred event that is mostly devoid of compassion. If there is any such compassion in it, it is in the level of punishment assessed ..not whether punishment is deserved.
It's very much like filing a grievance or having some discipline taken against a union member in a union shop. You may win, but you'll lose for the winning. There will be a penalty just for being enough of a spectacle to warrant review and adjudication.
This is why you see max penalties so high and the typical sentence handed out as so relatively low. It's much easier to get concession when staring down a barrel of a gun. They always have the option of putting it back in the holster.
