Tuesday, December 13, 2016

The Adversarial Legal System

The adversarial system originated in the disputation methodology of a church based philosophy. It was a method to arrive at some truth or conclusion on difficult questions.

1) It violates the Establishment Clause because of its religious origin;

2) it is an atavistic and ridiculous 13th Century method;

3) it has no external validation as a proper method; it does not even have established rates of inter-rater reliability nor test-retest reliability; these do not establish validity, but are necessary before testing validation;

4) it puts the verdict in the hands of fresh grads from law school, who know very little, and excludes the brightest and most experienced person in the court from participating in verdict finding, the judge;

5) empirically, it results in both unacceptably elevated rates of false positives and false negatives, contributing to our sky high crime rates;

6) it is expensive and turns a trial into a theater production, mostly to generate lawyer fees for worthless services, defrauding the tax payer;

7) it brings opprobrium on the lawyer profession, their looking like argumentative jackasses;

8) its stentorian tones, its location in a room that resembles a church, alienates the process from its owners, the tax payer, stupid people putting on a stupid show (bring back wigs);

9) it is probably irrelevant to the jury, as likely to decide a verdict on the likability of a chesty female lawyer as on the complicated facts;

10) it adds further delay in the legal system filled with lazy, do nothing, big government worthless tax sucking parasites, moving the cases ever so slowly.

Lawless, outdated, worthless, lawyer quackery, expensive, stealing of tax money. The adversarial system just sucks and should be scrapped entirely.

Inquisitorial judges, trained as judges, not as lawyers, should lead the investigation,  with judge values, not lawyer values. They should be liable for their mistakes in professional tort liability, and judged according to professional standards of due care. The lazy and slow should be fired.

No comments:

Post a Comment