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Does the Law Circumvent Justice from Being Served?
(Oficyna Wydawnicza AFM, 2018) Amsel, Tuvya T.
"Law – a binding custom or practice of a community: a rule of conduct or action prescribed […] or formally recognized as binding […] enforced by a controlling authority […]. Th e courts exist to uphold, interpret, and apply the law [1]. Justice – the legal system that a country uses in order to deal with people who break the law […] the administration of law according to prescribed and accepted principles [2]. In accordance with these defi nitions the Courts’ objective (judges, jurors or tribunals) is to determine whether or not the defendant who stands for trial has committed the offense s/he is accused of. In order to render their decision, courts practically travel back in time and re-construct and re-vive the occurrence surrounding the off ense in order to establish the defendant where about and actions. In other words in order to serve justice the court has to be fully aware of the case facts i.e. the “factual truth” in order to be convinced “beyond any shadow of a doubt” that the defendant has committed the off ense s/he is accused of."(...)