Courts in the USA in year 2502; ice-hockey Dad homicide
Archimedes Plutonium
court shows. First it was Frontline's North Carolina "an ordinary crime"
then it was "America's Most Wanted" on a pedophile murder.
And now it is a Massachusetts (someone ought to permanently
rename that state to just Massac) ice hockey dad with involuntary
manslaughter.
I believe the USA Constitution, when the Supreme Court gets around
to it will find that the Founding Fathers had meant for justice to
be centered on the TRuth, not on swiftness if it harms the truth,
not on procedural mechanics if it harms the truth. And that the
present USA legal system is based more on an adversary procedure
than it is based on "finding out the truth".
For example, the Judge Jenkins with Terence Garner case wanted
only swiftness and courtroom mechanics. Jenkins did not care
about the Truth of the crime. Did not care whether the real criminal
was locked up or out loose on the streets. For Jenkins, the system
is only about swiftness and courtroom mechanical procedure.
And when the North Carolina Appeals court ruled on the case, to
them the truth was also irrelevant.
In the Ice-hockey Dad case, in court a scientist testified as to the
cause of death and what brought about the cause of death. I believe
if memory serves me the scientist said that the head of the victim
received 20 or more punches. Yet when the Dad got up to testify
and to cry, he said he gave only 3 punches.
You see, in our present legal system we let the picture vary from
one extreme end to another extreme end and expect the jurors to
try to find some middle ground. To try to pick out the truth after
listening to defense and prosecution dramatize the extreme
opposites. The real truth gets lost in that drama.
So, here is what I propose.
Eliminate the jury altogether. Science is the best avenue of truth.
Future Court Trials in the USA in year 2502.
Let us suppose the trial of a Ice-hockey Dad occurred in 2502.
Here is what I believe this futuristic trial will be:
The defense lawyer and prosecutor lawyer are not adverserial but
more of consulting. Every crime in year 2502 has no jury. Every
Crime on trial what is done is that a * Science Tape* is crafted.
Scientists are consulted as to the physics nature of a crime, or
a medical experts as to a crime. In the case of Ice Hockey Dad
medical doctors are consulted alot.
Then a Science Film Tape is made reenacting what crime event.
The re-enaction is made as realistic and as to the truth as much
as possible. The lawyers of defense and prosecution are working
together in the creation of the Film Tape. Once complete, the
tape is then shown to a panel of judges, and after they see the film
and based on the laws on the book the judges pronounce
innocence or guilt and then render a sentence.
Why waste the time of working people to serve as jurors in a
courtroom scene where the Truth is masqueraded between two
polar extremes where the one guy says 3 punches and the
scientists say more than 20 punches. Where the Dad says
he never touched the gatekeeper, and yet the gatekeeper has
a photograph of her bruises.
You see, when a crime event is re-enacted on Film tape
and produced by Scientists of medical doctors and forensic
experts and DNA scientists and the science arena. Then
those films have the best stab at what truly happened.
The TRUTH.
There is no need for a band of juror to have to sit through
polar swings of liars. To have to sort out what is a liar or
exaggerator. To have to be preped in the definitions of law.
As in the ice hockey court where the jurors had to have a mini
cram course on the disctinctions between the definitions of
involuntary and voluntary.
One can easily see that the USA court legal system is a dinosaur
system.
What we need is the Truth. And the best way to get at the Truth
and to render a Justice sentencing is the Science Film Tape that
re-enacts the crime event using the best of modern science. Produce
the film and the film itself is the Courtroom. Let a panel of legal
expert judges watch the Ice Hockey Dad film and then pronounce
innocence or guilt and then give a sentence.
Our present day legal system does not strive for Truth. It wastes the
time of thousands of working day people and the end result is that
often many criminals go free and innocent people get locked up.
And worse, in the case of the Ice Hockey Dad, everyone loses.
The jurors who lost a lot of time. Both families are unhappy at the
endresult. And the state of Massac lost a lot of time and money.
Many of the re-enactments seen on America's Most Wanted could
serve as whole entire trials. There is probably more accuracy and
truth in those America Most Wanted Clips then there is in a
3month long trial.
James Alexander
<plut...@willinet.net> wrote:
[snip]
>I believe the USA Constitution, when the Supreme Court gets around
>to it will find that the Founding Fathers had meant for justice to
>be centered on the TRuth, not on swiftness if it harms the truth,
>not on procedural mechanics if it harms the truth. And that the
>present USA legal system is based more on an adversary procedure
>than it is based on "finding out the truth".
I believe that the U.S. Constitution guarantees a criminal defendant
the right to a jury trial. Yours is an interesting idea. To
implement it, I suggest that you contact your Congressman to propose
an appropriate amendment to the Constitution.
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