Shandean Postscripts to Politics, Philosophy, & Culture - Legal Reasoning, the "Bad" Lawyer & the Legal Fiction of the "Defendant"

From: warrbo Date: August 14th, 2006 05:42 am (UTC) does anyone ever understand anyone??? (Link)

Even if we got the best interpreter in the world, how could we really be sure that the defendant actually understood anything.

Since it can't know, why not restructure the system so it does not care.

Make the defendant irrelevant.
We simply want to know what was done.
We need not hear excuses and argumentative questioning from defendants who are biased and unskilled in the art of trial questioning.
They are invited to take the stand should they so choose. But they are advised to retain counsel and be active in their trial only through this bar-certified conduit.

No doubt many lawyers are ineffective. We probably need better oversight at 18b, more money for legal aid and all that stuff.

The thing is, I am not sure the moment of criminal trial is more existential alienating than any other moment of our lives. We are all Wong, in every moment, everyday.

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