Re: My Wednesday Rant (holla back black people)
Noah The African wrote:...
All these self-interests result in competition between ideological beliefs, much like the competition between prosecuting and defense attorneys. Success or victory in the competition comes from securing the self-interest of your client and not necessarily from securing the truth. What is true takes a back seat to self-interest. It is not what is know but what can be proved beyond doubt, which is more correlated with the ability to persuade or deceive, than it is with facts and evidence. One can learn much about the value of truth vs. self-interest here in America, by studying the application of our system of justice. When truth is presented that is harmful to client’s interest, then the attorney will attempts to create doubt by obfuscating or attacking the character of the witness to truth, in the hope that discrediting the witness will discredit the truth of what was witnessed. Competition is not conducive to the promotion of truth or justice.
...
No. That is not the way that the justice system works.
Attorneys are required to represent the interests of their clients, without going so far as to suborn prejudice. Period. No lawyer is required to "secure the truth" at the expense of his or her client. In fact, attorneys are required to represent their clients' interests in the Code of Professional Responsibility. Violate the Code, and the lawyer can be disciplined, perhaps even disciplined so far as to lose his or her license to practice.
This isn't a matter of not securing the truth. That's why both sides have lawyers, and there is a judge, and there is often a jury. The factfinder(s) - jury and sometimes also the judge - are charged with determining the truth from the matter being presented. It is not the attorneys' job to do so; it is the lawyers' job to assure that the facts are presented in a manner that is as favorable as possible to the client without committing perjury. The lawyer cannot present lies as truth and is also not required to have his or her client volunteer information if it is not requested.
Court cases are what's called "adversarial proceedings". You refer to them as competitions and that's not 100% accurate. Rather, court cases proceed from the premise that the sides are at odds. There are many versions and interpretations of what may be true. Not everyone agrees because not everyone has the same memory or perspective. Or agenda. For example, an auto accident could be a result of a rear-end collision, or the first car could have backed into the second car.
As for attacking the premise of proof beyond a reasonable doubt (and you say "beyond doubt", which is not accurate), the fact is that that proof standard is designed to (a) protect the defendant, so that it's less likely for innocent people to be convicted and (b) require the prosecution to be on its toes, so that the DA doesn't go after people simply on a hunch or a whim. We all know that the system does not work perfectly and that is unfortunate. In the case of innocents being jailed or executed, it is downright tragic. But what would you substitute for proof beyond a reasonable doubt? Proof beyond any doubt whatsoever? If that's the case, then killers go free, because the defense introduces some sort of illogical theory and a tiny sliver of doubt creeps in. Or would you prefer proof beyond a bit of doubt? If that's the case, then more innocents go to jail (and perhaps are executed), because just about every trial ends in a conviction. Which type of injustice do you prefer?