Serial Liars: How Lawyers Get the Money and Get the Criminals Off
eBook (PDF), 128 Pages
Why the Lawyer-Run Adversary System Is Immoral, How it Happened, and the Solution
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Aug 9, 2007"SERIAL LIARS by Evan Whitton" SERIAL LIARS: How Lawyers Get the Money and Get the Criminals Off by Evan Whitton An old legal saying goes like this – If the law is against you, argue the facts; if the facts are against you, argue the law; if both law and facts are against you, stall. What is most interesting is that there is no mention of truth or of justice, because they can be superfluous within the system in which this saying applies: the Anglo-American adversarial system. That legal system focuses on procedures and proof as is concluded in a contested trial, even though such proof may have nothing to do with the truth. These trials are usually stressful, time-consuming, and are always expensive. You will not find a person using that saying in a system where truth and justice are paramount: the Continental-European investigative system. In this morally sound and sane legal system, the focus is on truth and justice with the courts being controlled by educated judges, not... More > lawyers. Truth and justice are not procedurally disposed of as they can be and all too frequently are in the adversarial system. Those wanting to understand the adversarial legal system must read SERIAL LIARS by the award-winning Australian journalist Evan Whitton. He exposes the legal sharks of that system and how they prey on their victims while claiming – through pointed teeth – to be concerned about the needs of clients. Subtitled How Lawyers Get the Money and Get the Criminals Off, this book explains how this system facilitates feeding frenzies by legal sharks. And the old sharks, judges in the adversarial system, oversee this feeding while making decisions on the law, or on slippery facts, or whatever legal procedure may please them. As Whitton explains so well in SERIAL LIARS, truth and justice, which many people mistakenly believe are the prime concerns of Anglo-American courts and lawyers, can only be found consistently in the Continental-European investigative legal system. So if you plan going into adversarial legal waters, watch out for the sharks. Truth and justice mean nothing to lawyers swimming there. They will argue the law, they will argue facts – and before you know it, you might be eaten alive. SERIAL LIARS is iconoclastic, which might explain why copies are not readily available in university and public libraries. Does your local library have a copy? Demand to know why if it does not. The book, or a CD of it, can be obtained from Lulu.com. Keith Allan Noble Vienna, Austria< Less
Jun 3, 2007"Our adversarial system of justice is rotten to the core" Review by Brett Dawson, lawyer and author of "The Evil Deeds of the Ratbag Profession in the Criminal Justice System" All litigation systems must tolerate some lying by lawyers. Tolerating a modest level of lying is one thing, but Evan Whitton's book Serial Liars explains how and why our adversarial legal system not only tolerates lying, but is more or less based on it. In an adversarial system lawyers create opposing 'cases' which are presented to neutral and largely inactive judges, who choose between the two ‘cases’. The alleged facts, and frequently the evidence too, are forced to fit the ‘cases’ presented by either side. Inconvenient evidence is simply left out of the presentations to the judge, unless the other side will produce it, in which case efforts are made to sabotage it by the opposition. The ‘cases’ are really stories dreamed up by lawyers, which will loosely fit the true facts as regards... More > the litigant in the right, but bear little resemblance to the truth as regards the litigant in the wrong. In criminal defence cases it will often be too difficult to invent any story consistent with both the incontrovertible facts and innocence, so the defendant may invoke what Whitton describes as the "prove it' defence, without proffering any story at all. As Serial Liars explains, the adversarial system is lawyer-driven. Its opposite is the investigative system which is judge driven and focuses on finding out “what happened?” Only England and its former colonies have the adversarial system. It is not a truth-seeking system, and the book fully explains why that statement is in fact true. Witnesses may well be sworn in to tell the truth, but there are many ways available to lawyers to prevent them from doing so. Serial Liars provides ordinary members of the public with the proof they need to demand that the adversarial system be abandoned in favour of inquisitorial method. Make no mistake. This is eventually going to have to come. Of course there will be monstrous opposition from the legal profession, backed up by every dishonest argument imaginable, and then some. Serial Liars confronts all the major lawyer arguments, and disposes of them. In the NSW Law Society Journal of June 2004 there is an article on the activities of the NZ Law Commission's activities in regard to law reform. The article (with the unlikely title NZ Law Commission in energetic reforming mode) notes: “Something of a newish objection to emerge from the general public was the frequent suggestion that doing away with the adversarial system and resorting entirely to the inquisitorial method would get rid of a whole range of problems at one stroke. There was no support for this from the Commission.” Of course not. Lawyers will never agree to a diminution of their power and incomes. But it does go to show that the NZ public is beginning to wake up to what is needed. That is what is needed in all the other adversarial countries too. Serial Liars marks another milestone in the grand effort to bring it to pass. No one who reads Serial Liars will be left in any doubt that our adversarial system of justice is rotten to the core.< Less
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- Evan Whitton
- November 11, 2011
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