• Zensate@lemmy.world
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    2 days ago

    The law is the will of the people so if they weren’t convicted they shouldn’t be. The law does not exist independently of humans, because it is an imaginary concept we made up.

    So the law is just an excuse for us to punish the people we want to punish and not punish the people we don’t want to. All abstract concepts disappear when there are no more humans, so they are not things onto themselves.

      • Zensate@lemmy.world
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        2 days ago

        Yes, because our system isn’t designed for justice. The police doesn’t try to find the truth, they just try to find someone to charge. The defender doesn’t try to find the truth, but to escape conviction for his client, likewise with the prosecutor. The judge is there to follow the letter of the law as well as possible, there is nobody that cares about justice.

        The very idea that you need a prosecutor and a defender makes no sense if you think about it. At sociey that wanted justice would just have a bunch of independant experts colaborate to find the truth and sentence based on that.

        The idea that the process of justice must be carried out like a competition in which both sides are trying to trip each other up and trying to win at any cost through manipulation and omission with no regards to truth or justice means that the system has no interest in either.

        • FishFace@piefed.social
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          2 days ago

          Edgy. There are standard arguments for why an adversarial legal system tends to achieve good outcomes. I’m not really interested in digging up standard arguments though so I guess we’ll leave it here.

          • Zensate@lemmy.world
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            24 hours ago

            Sure, there are many arguments for many bad ideas, but the statistics don’t lie. A hostile police force, an adversarial legal system, only leads to miscarriages of justice.

            It’s just an extension of capitalism; if you can get away with it your actions are legitimized regardless of what you did. It’s the paradigm of the End justifying the means.

            So pur system is designed for miscarriage of justice and so as such cannot be said to result in miscarriages of justice because we do not care about justice in the first place.