DarkObserver wrote:
No, no - I understand that and the process as it works in the U.S. today very well. Understanding is not agreement, and the entire point of my post was affirmation of the fervent disagreement I have with it. But then, there are some who place the values of English common law above all and this system is in my view an overrated one the moral center of gravity of which doesn't align with what I feel the purpose of any national legal system should be.
Absolutely, there is good an bad in every legal system. English law, is far from perfect, but prefer it to the Napoleonic code though.
It only a starting point and you have to come up with your own system, just don't discard or forget the lessons of the past.
Problems with UK legal system:
Lack of clear separation of church and state, the concept of Law Lords (although we do have a Supreme court now), Catholic Relief Acts were left incomplete (although most people aren't aware there are some technicalities based on where a legal marriage can take place, and who can preside over it).
Our libel laws are also over the top. Especially with libel tourism.
The good things about our system:
We don't have plea bargaining, fast track trials, etc. Anyone who advocates these, I only point to Rudy Guede who was rewarded with not being properly cross examined, and a reduced sentence for wriggling out of full culpability, even though he is the only one they know for sure was involved in the Murder and rape of Meredith Kercher, this is despite going on the run an biding his time, which he was full aware of the media hype.
Plea bargaining was introduced to tackle organized crime but it has been shown time and time again it produced poor quality justice.
I also think some crimes don't suit jury trials. For instance complex fraud. There was a case involving an extension to one of the London underground lines, and some contractors. The case was so technical the jury was unable to understand the technicalities of the case. It went through several mistrials, and was eventually drop due to lack of public interest in such expensive trials.