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by otterley
2233 days ago
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Objective correctness is impossible to reach in a legal setting because it requires the fact finder to have unfettered access to all the facts, and for the law to be so strict that it cannot possibly be subject to interpretation. In the absence of these things, the adversarial system is the best system we know to approach the correct answer. Consequently, there is some error that we have to accept if we can't think of a better approach. I'm not sure that the trials of either a wealthy defendant with deep pockets or an indigent defendant with a public defender significantly affect whether the finder of fact can obtain objective Truth with a capital T. The outcomes may indeed be different, but I also think it's orthogonal to the truth as well. They're more the result of the amount of resources you're willing or able to throw at a problem to make it go away. |
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