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It is more against both. The adversarial system still involves only two parties trying to defeat each other, where one side doesn't have the onus to create a full hypothesis. (I could imagine an inquisitorial justice with multiple clashing hypotheses.) Also, the problem goes back further than what lawyers do at court: what the investigating bodies do before trial.

*Traitor*, n.
A benighted individual who perceives an illusory distinction between serving his nation and abetting the criminals who govern it.
by DoDo on Thu May 17th, 2007 at 06:50:53 PM EST
[ Parent ]
Adversarial law tends to turn into legalism, theatre, grand-standing and - if there's a jury - (legal) jury-rigging.

Most people - and that includes most lawyers and judges, never mind the public - don't understand enough about scientific evidence to be able to assess it objectively. They also don't understand statistics. Tell someone there's a 100,000:1 chance of a DNA match, and they'll assume this is absolute proof of guilt, even though in a big city there will be 10-100 people equally likely to provide a match.

But I'm not sure you can apply the scientific method to law anyway. If you have a collection of evidence, it's hard to see how can you turn it into a hypothesis and then a firm prediction that will lead to a crime being solved.

Effectively a trial is a hypothesis - that a suspect is guilty. But it's not a prediction, except in the rather useless sense that you assume that if someone is imprisoned, a certain series of crimes will end.

by ThatBritGuy (thatbritguy (at) googlemail.com) on Thu May 17th, 2007 at 08:57:29 PM EST
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