Truth in Justice – Reform Adversarial Legal System to Inquisitorial System

A new group are running a campaign via a petition to have the Australian legal system reformed. The campaign is called the “Truth in Justice campaign” (click here to go to their website).

I am not a member of the group nor do I know the people organising it but I have signed up to their petition and I think every Australian should. (Click here to read the petition)

On their site it starts off with a preamble:

“The adversarial legal system that we inherited from another country has numerous mechanisms which conceal or defeat the truth, and procedures which unnecessarily prolong civil and criminal actions.

Results: in criminal matters more than half of the guilty escape justice, while at the same time it is estimated that between 1-3% of people convicted in Australia (or several thousand people every year) are in fact innocent (source: Prof. Paul Wilson, Bond University), and in civil cases hearings can take months or even years.

In properly run truth-seeking systems, as in France and Germany, 95% of guilty accused are convicted while the innocent are rarely even charged due to a series of pre-trial filters; and most civil hearings take less than a day.”

Some of things it says on the petition site:
• The adversarial system operates on the basis that truth does not matter; it is the only system which suppresses evidence.
• Lawyers are allowed to control the evidence and spin the process out.
• Judges are former lawyers, with no training as judges.
• The investigative system used in Europe and other countries is more just because judges trained separately from lawyers search for the truth, and costs less because they have no motive to prolong the process

The actual petition which is directed at the Australian Senate starts off with:

“We, the undersigned concerned citizens, petition the legislature to begin the process of changing to a truth-seeking (inquisitorial) legal system.

As Justice Russell Fox said, justice means fairness; fairness and morality require a search for the truth; and truth means reality, and further that “The public estimation must be correct, that justice marches with the truth.” Yet our adversary system does not try to find the truth: it has numerous anti-truth mechanisms, including six rules which conceal important evidence from jurors.”

If you would like to read or sign the full petition click here

Make sure you let your friends know about the petition.

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7 Comments on “Truth in Justice – Reform Adversarial Legal System to Inquisitorial System”

  1. Fred Ward July 1, 2011 at 6:27 am #

    Thanks for the blog. I wasn’t aware of the group, but I will touch base. I put together a clip a while ago which is a compilation of just this – facts withheld from juries and the big end of town getting a better result.

  2. igor July 3, 2011 at 11:51 pm #

    Austraia is country of repressions, no democracy here. Please wake up and give the truth the chance and let people be heard and gain the faiith in justice that they have abandoned. Lets do the protest in front of courts to make corupt law and government respond and hear us victims…

  3. igor July 3, 2011 at 11:53 pm #

    I have lost the faith in australian law system. It is corupt evil and repressive. The lawyers and judjes are a group of racists who dont care about the truth and justice is something they all despice…

  4. olya July 4, 2011 at 12:04 am #

    victims are treated like trash aspecally if the vicitm is an immigrant then the case is automatically lost. The court favours wealthy people who have more status and power. There is an abuse of power in australia and the court supports it. Restrainig orders are given to anyone who are motivated by hatred to get revenge. The orders are encourageed by governmnet as a means of victimisation and repressions. Once they are given out to someone who is intellegent and evil then this person can incriminate the “target” and the target will end up in breah of the order even if it was not breached. These orders are the way to incriminate someone..easy and to antogonise..In australia you are GUILTY UNTILL you prove INNOCENSE… But to prove your innnocence will depend on the anount of money you have. IF you dont have money then you will remain guilty and even go to jail.

  5. olya July 4, 2011 at 12:11 am #

    pedophiles and child killers are looked after well and portected well by australian law. they are released free to re offend and parents have no rights to even know if the monster is living next door…The parents are restrited to protect their children because the australian governmnet worries so much about child killers privacy and safety…
    what about our little innocent defencless kids? who will protet them

  6. olya July 4, 2011 at 12:12 am #

    so many child killers and pedophiles escape conviction in australia because the governmnet feels sorry for them

  7. Krisstie February 18, 2012 at 1:42 pm #

    I don’t agree. There are no specifics as to how the inquisitorial system would be run, although it would probably be better than the adversarial system, however … what if the law is wrong? You may be guilty of the facts, but are you guilty of a crime?

    The only way to restore true democracy is to restore the jury system and the Magna Carta and Habeus Corpus. The jury has the power to decide on what evidence is admissable, the jury decides the verdict, and the jury decides if the law is just. This is the ultimate and only protection provided by the Constitution where the people can restrain the government, and stop corruption and fraud in its tracks.

    Please read more about the DEMOCRACY DEFINED CAMPAIGN by visiting http://www.democracydefined.org/

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