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I already explained in another comment that I believe the adversarial design of the American justice system made sense in an era where it was far more difficult to ascertain guilt. No video, no photography, no DNA, not even things like fingerprinting. Unless the police literally caught somebody in the act, they had to rely almost entirely on witness testimony and extremely rudimentary investigative techniques. Under such constraints, it’s very understandable to impose an adversarial model, to balance against the natural unreliability and possible ulterior motives of witnesses.
In the 21st century, it is incomparably easier to ascertain guilt based on far more solid evidence. My contention is that this obviates the need for adversarial justice in the case of most crimes.
Now, there are of course types of crime where the inquisitorial model is still inappropriate. The kangaroo courts that sprung up on college campuses to adjudicate rape accusations are a great example. Rape, at least of the “date rape” variety rather than the “prowler pouncing out of the bushes” variety, is inherently far harder to assess because the physical evidence nearly always accommodates multiple competing explanations. The physical evidence establishes that two people had sex, but rarely indicates whether that sex was consensual in the moment or not. In that scenario, adversarial justice is preferable. For a robbery caught on camera, or a murder where the killer’s fingerprints are on the knife and his DNA is on the scene? What is there to argue about? Why is a defense attorney necessary? What do we gain by pretending that going through the (expensive, time-consuming) motions is valuable?
How do we determine which among every criminal charge meets the bar for sufficient evidence not to have to undertake a formal adversarial trial? Should every charge have a pre-trial in which it is decided which kind of trial is required? Who would have the final say in such a pre-trial? Would it itself be adversarial?
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The purpose of a defense attorney is not to get the accused acquitted at all costs. Their purpose is to help the accused navigate an extremely stressful environment. That can include, for example, encouraging the accused to take a plea deal in the case of overwhelming evidence. There's a reason the vast majority of cases do not end up in trial.
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We live in a world where allegedly hard evidence like audio and video is becoming increasingly trivial to fake and DNA evidence remains only as trustworthy as the Lab.
I dont think the ulterior motivations nor the inherent unreliability of the human animal has changed at all.
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