A miscarriage of justice

Thursday, June 08, 2017

The criminal justice system and its adversarial make-up, when it works perfectly, are supposed to ensure justice and equity for both defendants and the public good.

The scales of justice, when they work perfectly, are supposed to be balanced in such a way that they are tipped only by the evidence led, the counter-arguments given and the mitigation.

However, more and more, it is becoming clear that the adversarial system appears to favour defendants over prosecutors, particularly in the initial stages of a case when the highly contentious issue of bail appears.

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A miscarriage of justice

The criminal justice system and its adversarial make-up, when it works perfectly, are supposed to ensure justice and equity for both defendants and the public good.