Cross Posted at Legal Schnauzer
I recently started reading a new book called Our Corrupt Legal System: Why Everyone Is a Victim (Except Rich Criminals).
Regular readers will understand immediately why I would be interested in a book with a title like that. But I'm happy to report that the book, by Australian journalist Evan Whitton, has much more going for it than a captivating title. It is an insightful and scathing critique of the common-law adversarial justice system, which began in Great Britain and spread to its colonies, including the United States and Canada.
To top it off, Whitton includes the best lawyer joke we've ever heard.
What is the crux of Whitton's argument? He says the British adversarial system has failed us and should be replaced with an inquisitorial model that prevails in much of Europe. Whitton provides a simple chart that shows how the two systems stack up:
Investigative Adversary
Seeks truth Yes No
Conceals evidence No Yes
In charge of evidence Judges Lawyers
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