03-28-2008, 01:31 AM
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Machiavelli Incarnate
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Join Date: Jun 2006
Location: Mid-south
Posts: 12,089
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No legal system, no democracy
Until thier legal traditions get righted they do not have democracy...
Look at the quote from the judge at the bottom of this section.
Quote:
Iraqis on Slow Road to Building Judicial System
by Dina Temple-Raston
Teaching Basic Legal Concepts
The Iraqi judicial system is based on the French model. That means that evidence is gathered and processed by investigative judges who have wide powers, similar to those of a U.S. grand jury. The U.S. system is an adversarial system in which the prosecution, defense and judge all work independently. The idea is to challenge each other to come to a just, logical conclusion.
The Iraqi judicial system is based on the French model. That means that evidence is gathered and processed by investigative judges who have wide powers, similar to those of a U.S. grand jury. The U.S. system is an adversarial system in which the prosecution, defense and judge all work independently. The idea is to challenge each other to come to a just, logical conclusion.
In Iraq, essentially one person does all that: the judge. And judges are having to adopt a whole new mindset, literally changing the way they view the law.
One extraordinary obstacle Lynch hadn't anticipated is that judges in Iraq believe they have an innate ability — a gut sense — that permits them to know when someone is lying or telling the truth.
"I ask a judge, 'How do you know if they are telling the truth or lying?' and they'll tell me, 'I'm a judge, I can tell,'" he says.
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