Thursday

What is the Purpose of a Trial?

Many people think the purpose of a trial is to seek the truth. If you agree, then this article may be disappointing. The real purpose of a trial is simply to reach a verdict. If this verdict corresponds to the truth, so much the better. If not, well at least a verdict has been reached and the next case can commence. A ceaseless search for the truth would bog down the justice system. Wrong verdicts may be corrected at the appeal stage. Wrong uncorrected verdicts are hopefully rare, especially the ones where the perp swings from the end of a rope.

Ever wonder why people think the law is an ass? Then ponder the following:

But defense counsel has no comparable obligation to ascertain or present the truth. If he can confuse a witness, even a truthful one, or make him appear at a disadvantage, unsure or indecisive, that will be his normal course. More often than not, defense counsel will cross-examine a prosecution witness, and impeach him if he can, even if he thinks the witness is telling the truth, just as he will attempt to destroy a witness who he thinks is lying. As part of the duty imposed on the most honorable defense counsel, we countenance or require conduct which in many instances has little, if any, relation to the search for truth.
In other words, if you ever have the misfortune to be a witness in a trial, remember this – even after you swear to tell the whole truth, the lawyer's job is to portray you to be the biggest liar to walk the face of the earth.  SeekFacts Tag:Law

1 Comments:

Anonymous Anonymous said...

I'am still don't understand, the meaning/purpose of a trial.

11:46 PM  

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