Legal systems the world over are crumbling under the pressure of modern times and all society appears to be doing is sticking band aids on it when what we should be doing is major reconstructive surgery.
I am not a legal expert, not even a lawyer, I am however a human being capable of understanding right, wrong and equity.
The first point I see major fault with is the 2 choice option for judgement within the criminal system. You can only be found guilty or not-guilty. What about a “not proven”? Once someone is found not guilty then you cannot try them for the same crime again, even if evidence comes to light down the track prosecutors have lost the opportunity to ensure justice is served with regard to that crime.
The second major area of contention as I see it is the rules for play. My perception of trials is that it is about wins and losses not the finding of truth. The egos are enormous as are the financial rewards for some. The rules are scrutinised to see how far they can be bent or bypassed and often the rules for either side are different. For instance when you cannot give testimony based on hearsay but the other side can question on hearsay.
Then we have the evolution of communication to contend with. Laws implemented in the days of snails in soda cans (Donaghy v Stephenson) purchased with pennies cannot adequately deal with the massive technological capabilities of humans in the current era. Addendum and changes are just not going to adequately mesh with the older laws left unchanged.
Don’t get me started on the financial inequity proliferated in the legal system. It’s a broad statement, but I also think it is fair to say, those with the most money have a greater chance of coming out the victor (see its about winning not truth). If you cannot afford to pay the massive amounts of money it can often cost for legal representation you may see no other way to get on with life but to accept a judgement, even if you know you are in the right. Just think, there is no legal aid for persons being pursued by the Government, not a fight I would ever want to be in.
There needs to be a complete overhaul and it needs to happen sooner rather than later.
*This is a topic with a vast scope, I have only touched on the surface and expressed my dissatisfaction. Please make comments so we can begin a conversation and maybe even initiate change.