Everyone will agree that justice must be fair! Unfortunately, it is unachievable under current justice system. Laws and legal system are the concepts that are based on someone else’s interpretation of what is fair. In real life outside of intellectual concepts it is impossible to transfer the risk on some one else’s shoulders as for every action there is reaction, for the same reason it is impossible to transfer responsibility for your own actions. Also it would be very difficult for anyone to commit a crime if they associate the victim with themselves.
Presence of crime is the first indication of failed education and failed economy within the society.
Please have a look at the following video, you will see that there is a huge difference in the reduction of repeat offenses achieved simply by allowing the perpetrator to experience what was suffered by the victim.
Most people recognise the necessity of segregation of power between Legislative, Judicial and Executive. Under current establishment rules the emphasis and priorities rest on Legislative body. It is wrong and creates a situation where Judicial is limited by Legislative.
Can you make good decision if I am the one who regulates how and what you can think?
Out of those three, Judicial is the one that should be the point of balance and the biggest efforts should be spent on independence and the impartiality of it as if it becomes corrupt it will cause the biggest damage to the people. Peel’s Metropolitan Police Act 1829 was an attempt to balance dominance of the Legislative body by the creation of the office of constable where each constable acts as an independent legal entity, not as the agent or employee of any corporation. In this we see that each constable has small amount of judiciary power that he or she has to exercise in order to make any decisions.
Unfortunately, it can never work as people who take the oath of Office of Constable are going through the training and indoctrination after which they become part of social group that we know as the police force. People are social animals, so with time this group creates its own unwritten rules that function within the group regardless of laws or regulations created by the legislative body. You can never create an intellectual concept, the law, which will regulate or change natural processes that are embedded into the physicality of this Natural world. In addition, police become dependent on their source of income which is another factor that contributes to corruption.
If we create courts where the Judiciary represented by a jury of people who will be called in for one day of service, unless the case doesn’t finish that particular day.The development of this system will ensure that no one will be able to know in advance who the member of jury will be. By having the people who do not serve as jury for a living or remain as one group for longer than duration of one day or one court case, if it last longer than a day, we will achieve the highest independence and impartiality possible. This Judiciary can judge by the most powerful tools, logic, evidence and the brutality of common sense.
In such court room we will have a jury to make judgments. We will have a clerk of the court who will ensure that there is order and that the procedures of the court are followed. There will be two advocates one for defence and one for prosecution. Both victim and perpetrator should be able to advocate for themselves or appoint someone to do it on their behalf.
Why under current set up, can the victim not demand the punishment which they consider to be appropriate? They are the only ones who have first – hand knowledge on how damaging it was to them! You will only need a procurator fiscal to advocate in the cases where victim is dysfunctional and no family member can stand for them or when victim ask them to do so.
Naturally, there is a possibility that a victim may over react and ask for a punishment that is too severe. The jury will ensure fairness and moderation. Under such a proposed system it will be possible that a jury can conclude that based on the circumstances of each case. Some laws can be disregarded and in other situations they may make a judgment of extremely severe punishment for relatively light offence.
Most importantly the decision will be as fair as it is possible to get in this physical reality.