NCJ Number
57890
Journal
Canadian Police Chief Volume: 68 Issue: 2 Dated: (APRIL 1979) Pages: 21-24
Date Published
1979
Length
4 pages
Annotation
ALTHOUGH THE OSTENSIBLE PURPOSE OF A TRIAL IS TO FIND OUT THE TRUTH, THE ENGLISH TRIAL FOCUSES ON THE LAW, TREATING THE TRIAL SYSTEM LIGHTLY. THE FACTOR OF DETERRENCE IS OVERLOOKED, AND FACTS ARE OFTEN KEPT FROM THE JURY.
Abstract
THIS CRITIQUE BY A FORMER PROSECUTING ATTORNEY IN CANADA ARGUES THAT THERE SHOULD BE A LITTLE MORE JUSTICE AND A LITTLE LESS LAW AROUND THE CRIMINAL COURTS. WHEN A CONCERNED FATHER TRIES TO FIND OUT IF HIS CHILD STOLE SOME APPLES, HE TRIES TO GET ALL THE FACTS. THE CHILD'S STORY IS ONE PART OF THE INVESTIGATION, BUT ONLY ONE. EVEN WITH ALL THE FACTS, THE FATHER MAY NEVER BE SURE, BUT WITHOUT ALL OF THEM, THE WRONG ANSWER MAY BE REACHED. YET THE ENGLISH TRIAL SYSTEM USES A VARIETY OF MEANS TO KEEP THE FACTS FROM THE JURY. IT IS CONSTRUCTED AS A GAME WITH RULES TO MAKE SURE THAT EACH SIDE PLAYS FAIR. IF IT IS SLANTED, IT IS SLANTED TOWARD THE DEFENDANT. THE CONTEST CONCEPT IS WRONG. FIRST, THE PRISONER SHOULD BE REMOVED FROM THE DOCK AND ALLOWED TO SIT WITH THE ATTORNEY. THE DOCK SERVES NO USEFUL PURPOSE FOR MOST CASES. SECOND, THE OATH SHOULD BE ABOLISHED BECAUSE IT IS MEANINGLESS. THEN, THE RULES OF EVIDENCE SHOULD BE ABOLISHED AND THERE SHOULD BE AN END TO LITTLE 'TRIALS WITHIN A TRIAL' IN WHICH THE ATTORNEYS AND THE JUDGE DECIDE WHICH FACTS ARE TO BE ADMITTED. THIS INSULTS THE INTELLIGENCE OF THE JURORS. IF EVIDENCE IS HEARSAY OR WAS GATHERED IMPROPERLY, THE DEFENSE SHOULD POINT THIS OUT IN FRONT OF THE JURY. JURORS SHOULD THEN BE ALLOWED TO DETERMINE THE VALIDITY OF THIS EVIDENCE. THE JUDGE SHOULD MAKE THE INITIAL PRESENTATION AND, IN A CLOSING SPEECH, INSTRUCT THE JURY ON THE LAW. THERE SHOULD BE NO DRAMATIC CLOSING ARGUMENTS. THE FACTS SHOULD STAND FOR THEMSELVES. (GLR)