[lit-ideas] The Mother of All Trials...
- From: "Andreas Ramos" <andreas@xxxxxxxxxxx>
- To: "Lit-Ideas" <lit-ideas@xxxxxxxxxxxxx>
- Date: Tue, 6 Dec 2005 12:26:35 -0800
Riverbend is blogging about the trial of Saddam.
http://riverbendblog.blogspot.com/
She talks about being a fan of American TV law shows and how she feels that hearsay isn't
admissable evidence and the credibility of witnesses. It's pretty remarkable how well she
understands the legality and methods of legal proceedings.
But in a way, it's not unique. Others have pointed out over the last 10-15 years that
American cop and law shows have introduced US legal methods to the rest of the world.
This isn't necessarily a good thing: the American judicial system is based on an adversarial
process (or, as law professors say, a dialectical process). (NB, this has nothing to do with
dialectics in philosophy. It's a legal term.) Both sides argue their position and the jury
decides.
In theory, the adversarial process sounds acceptable, but in practice, it means the legal
system is commodified. To put it bluntly, it's for sale to the highest bidder. The one with
the most money is the winner. In any legal proceeding where a small person confronts a large
corporation, the person's legal ability is determined by her financial resources. It's her
paid-by-the-hour lawyer vs. the large corporation's staff of 200 lawyers. The corp can
literally bury the lawyer with requests, motions, and delays. They can also afford extensive
legal research.
An example is Michael Jackson. With his millions and his big-bucks legal team, he was able
to avoid prison twice. A better example is the tobacco industry, which should be shut down
altogether.
This commodification of law led to the warped legal system that we have in the USA today; a
handful of corps and wealthy people are literally above the law: they buy congress critters,
install presidents, write the laws to their own benefit, avoid taxes, and loot the
government, while the middle class and lower classes pay the bills.
It would be very regrettable if this system were exported to the rest of the
planet.
As for the trial of Saddam, well, the whole thing is a sham. After a show trial, he'll be
executed. But worse than that, the international legal system will be shot as well. When a
country can invade another without justification or legal basis and then set up show trials,
it corrupts the law for everyone.
yrs,
andreas
www.andreas.com
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