Amrikan justice vs others

[layman]

Do you think Amrika has a better, transparent legal and justice system than other countries?

"
Despite the weight of the charges, it is likely, experts say, that had the alleged hotel scene taken place in Paris, Strauss-Kahn's dignity would have remained intact.
In France, unlike the U.S., the judicial process takes place largely behind closed doors and the political powers-that-be hold sway over prosecutors. It is also a country where for centuries, infidelities were a royal ritual and bedroom secrets known to all were never more than court chatter.
That unwritten bedroom code of silence is still largely respected, although the practice is bit by bit giving way to a demand for more public accountability."

"The French accept many more moral transgressions of their president, of their political class, of their elite. There is something ... a bit aristocratic" in French moral and legal culture, said Antoine Garapon, a magistrate and author of the book "To Judge in America and in France."
"The American culture is more democratic. You can head the IMF and be a citizen like others," he told The Associated Press.

http://finance.yahoo.com/news/French-agape-over-treatment-apf-471180768.html?x=0&sec=topStories&pos=6&asset=&ccode=

[samv]

I actually had the misfortune of serving on a jury for a really disgusting rape case once. While I hated the whole experience, I came out with great respect for how the Amrikan criminal justice system works in cases of this nature!

[Sid]

American Justice system is the best in world, except when it isn't. When it isn't, then it can be one of the worst.

[Desi]

American Justice system is the best in world, except when it isn't. When it isn't, then it can be one of the worst.

I say the same thing about Indian justice. It is the best in the world except when it isn't. A Pakistani told me the same thing about their justice too.

[Desi]

Do you think Amrika has a better, transparent legal and justice system than other countries?

Have not had experience with justice system in other countries, but general read shows that things can be very arbitrary in many countries. In USA that is not the case. However as in many countries, cops do tend to abuse their power when they do not anticipate visibility (low profile cases).

In general, more cops are fair and straight and justice thru court systems moves swiftly and smoothly than otherwise. But when a cop is crooked, then it does not matter whether he is from a small town or large.

Thru the court system, the cases generally move swiftly although many years back I saw a judge once very disturbed and angry at a lawyer and said he would not grant a right of appeal and asked the bailiff to escort the attorney out of the court.

[Sid]

I say the same thing about Indian justice. It is the best in the world except when it isn't. A Pakistani told me the same thing about their justice too.

He He... I don't know what I was thinking when I wrote that. I don't claim to understand the American Justice System completely, but I feel that it awards excessive punishments. Incarceration sentences that are 20 years, 30 years, 40 years long are quite frequent and are not unheard of. And the "two strikes and you are out for life" kind of systems make it way too dangerous and unforgiving. I don't want to compare it to the India system, as the less said about it the better. But I think lengthy prison sentences are not that common.

Before I came to US, 10 year and 14 year sentences used to seem quite extreme to me. After coming to US, that tolerance has somehow gone up to 20-30 years.

The particular provision in CA and some other states, where you do two felony counts and you are out for life, kind of laws are the ones that are pretty scary.

The jury system in US is something that I really like. Even though it has a number of problems, and sometimes can bring the biases of community to bubble up during trials, BUT it ensures that no single individual has the power to control the life and death of a human being.

Another thing that I personally think a lot about is death sentence. This is one aspect that I haven't quite nailed down in my head. For the most part, I'm beginning to believe that since Indian laws do not allow right to bear arms, its the justice system's responsibility to protect the individual. But if someone gets murdered by another person, then in case of premeditated murders, death sentence SHOULD BE MUST, in India.

Another thing that I really like about American system is the support from advanced forensics. Most cases get equal treatment in terms of forensics analysis. But in India, I think the resources are quite limited, and the most advanced facilities are reserved for high-profile cases.

All the above are my opinions only.

[boca]

Do you think Amrika has a better, transparent legal and justice system than other countries?[/quote]
Read "World Justice Project's Rule of Law Index 2010", an attempt at comparing the rule of law among 35 countries -> http://www.worldjusticeproject.org/sites/default/files/WJP%20Rule%20of%20Law%20Index%202010_2.pdf

[ahirman]

My experience is limited to few countries but I would rate American Justice system as high in efficiency and transparency, two things which matter the most in a legal system.

A legal system is made of many parts including police system (including local, state and federal), Federal and state constitution and laws, court system (judges, lawyers and judicial process) and Prison system. US system probably is more objective (based on well defined laws and fundamental rights), transparent (corruption free and ability to appeal) and efficient (in terms of time taken). The legal system always has an inherent subjective part which can be used to subvert the justice system but US system has mechanisms in place to minimze such avenues.

The most important part that works for US is the first level in the legal system (local, state and federal police) which is mostly corruption free and objective.

[layman]

On a lighter note, in some countries the rape victim will be punishable as per their law
http://www.ahl-alquran.com/English/show_article.php?main_id=6157

It seems jury system was tried and given up in India

Jury trials were abolished by the government in 1960 on the grounds they would be susceptible to media and public influence. This decision was based on an 8-1 acquittal of Kawas Nanavati in K. M. Nanavati vs. State of Maharashtra, which was overturned by higher courts.
http://en.wikipedia.org/wiki/Law_in_India

[boca]

It seems jury system was tried and given up in India

Jury trials were abolished by the government in 1960 on the grounds they would be susceptible to media and public influence.[/quote]
I think they should also abolish trial by judge as they are susceptible to criminal influence. :) Reading the linked case, looks like it was a case of incompetent judge who misled the jury.

The British had confidence in Indians after observing their conduct of panchayat, but the Indians found themselves not to be?