I would say that process is called the COURTs (plural) which allow for reviews by an educated PANEL of elected and educated law professionals to make sure the singular attorneys and judges followed the constitution and laws in securing their convictions,,
I also hope that we are constantly striving for a 'better'society, one with a just and compassionate humanity,,,,
Please don't take this wrong...BUT (edit to add) Consider This:
Judges are elected to the bench to make judgements because they are supposed to be the most knowledgeable of the laws they preside over. They are there because they are intended to be the final say in a case.
By installing after judgement courts we are basically saying that we don't trust the judgement of the judges we elected in the first place. So if we don't trust their judgement what is the point?
A jury, in essence, is proof that we don't trust judges to judge accurately.
The jury is an advisory panel that assists the judges to do what we elected them to do anyway. But the judge always has final power over a jury verdict.
The Prosecutor is there to present evidence to the judge concerning the details of the case.
The Defense provides details as well.
All that information is presented to the judge for judgement.
The laws define the conditions for different judgements. The judges job is to know the law and digest the facts and make a judgement.
If it all went according to how it should the process needs no second look.
Things get in the way of the facts. He killed him because... is now an excuse needing consideration. Extenuating circumstances have changed the function of judgement from reality to opinion.
If I am charged with murder and all the facts confirm that I did murder then judgement should be made based on the laws of the land in which I am judged. Society sets the punishment. If the punishment is death, then I need to die. The judgement has already been made based of the facts and the laws concerning the case.
Dereliction by any member of the process is dereliction of that person and not the process itself. The process is sound.
If everyone does their job right, misjudgements won't occur but for the times that they do, it IS GOOD that we have a way to check.
Edited by
Tom4Uhere
on Mon 05/29/17 04:43 PM