Most of my classmates seem to think that if they could just get their way the country would somehow be better. I completely disagree with this thinking. The cold hard reality of life is that there will never be under any circumstances a perfect judicial system, i would take that a step further and say that there will never even be a much improved one.
People often complain that we have an adversarial judicial system that pits the Lawyers against each other and the judge to mitigate the situation. Some favor a “fact finding” approach where both sides seek the truth. the obvious flaw of such a system is that people get tortured. I.E. the spanish inquisition (not the monty python version)
Here is a brief history of that should you be interested.
Secondly, in a fact finding mission it could be incredibly easy to throw out cases brought against your “Friends”, such as fraud and embezzlement cases. Or it could go the other way and people could trump up charges and ram it through while subverting a trial by jury altogether.
Another idea throw out there is mimicking French courts and having a tribunal of sorts decide if your case merits a hearing or not. No offense to the french but when have they ever had a good idea? Seriously, this would easily lead to cases being thrown out instead of being mitigated, or cases being unnecessarily sent to trial which would be very costly and time consuming.
I will admit things can get difficult in the adversarial system, especially in cases of rape where the lawyer knows the truth but cannot say it due to client attorney privilege. Or perhaps if the defense is trying to tear down the credibility of the victim. But one should not ignore that the common law has been through the grinder and is “… is rooted in centuries of English history” where one case builds upon another to account for the ever changing conditions of the times. Our legal system is equipped to handle any number of complex situations and this malleability is what has allowed it to work for so long. Changing it would only lead to more “Red tape” and complicated procedures that would lead to no more efficiency or safety for our citizens.
Here is a brief history lesson on common law if you are interested. Regardless, please feel free to critique me if you feel that another system would garner better results. 🙂