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I'm not sure you understand what the law is.. The law is not a book of rules, it does not exist independently from its creators, it is the will of the people. If the people find someone not guilty, they're not guilty. The law was invented by people and only exists to be an extension of the will of the people.
If ten people from a representative section of the population thinks someone is guilty or not guilty, that is the law. It doesn't matter whether they did something or not, what they are deciding is whether they should be punished for it or not. That's why there is a jury in the first place, otherwise you'd have a system based on accuracy, not on argument.
I understand that what you're talking about could be understood to be "the law" but it's not what I'm talking about when I use the word, and I don't think it's what most people understand by the word.
But OK, when you say "the law" you mean "what people get convicted for." I'm saying this person probably should have been convicted, but you haven't even said whether you agree, because picking a different definition for a word doesn't help decide what should or should not happen.
The law is the will of the people so if they weren't convicted they shouldn't be. The law does not exist independently of humans, because it is an imaginary concept we made up.
So the law is just an excuse for us to punish the people we want to punish and not punish the people we don't want to. All abstract concepts disappear when there are no more humans, so they are not things onto themselves.
Seems to be what you're saying
Yes, because our system isn't designed for justice. The police doesn't try to find the truth, they just try to find someone to charge. The defender doesn't try to find the truth, but to escape conviction for his client, likewise with the prosecutor. The judge is there to follow the letter of the law as well as possible, there is nobody that cares about justice.
The very idea that you need a prosecutor and a defender makes no sense if you think about it. At sociey that wanted justice would just have a bunch of independant experts colaborate to find the truth and sentence based on that.
The idea that the process of justice must be carried out like a competition in which both sides are trying to trip each other up and trying to win at any cost through manipulation and omission with no regards to truth or justice means that the system has no interest in either.
Edgy. There are standard arguments for why an adversarial legal system tends to achieve good outcomes. I'm not really interested in digging up standard arguments though so I guess we'll leave it here.
Sure, there are many arguments for many bad ideas, but the statistics don't lie. A hostile police force, an adversarial legal system, only leads to miscarriages of justice.
It's just an extension of capitalism; if you can get away with it your actions are legitimized regardless of what you did. It's the paradigm of the End justifying the means.
So pur system is designed for miscarriage of justice and so as such cannot be said to result in miscarriages of justice because we do not care about justice in the first place.
You are not arguing in a way that will convince me. Please leave me alone if that's the only way you know how.
It's literally an online discussion forum. Why are you here then?