This video
one of the last formalities of a trial held in the United States , in Knoxville, Tennessee. The representative of the prosecutor addressed the jury before deliberations.
L 'defendants, Lemaricus Davidson, was accused of having tortured, raped and then killed a young couple. On October 30, 2009 was sentenced to death.
The death penalty is unacceptable . Does not correct miscarriages of justice. With it, the state kills, albeit under the law, and thus help to make it less noticeable 's huge drama that is always the death of a man by the hand of another.
should also be emphasized that the 'extensive use of juries, when not supported by solid traditions such as the United States, is not without its drawbacks.
But, this being so, that manifested in the video is a justice that comes from the citizens' needs and responds to those of its performance.
Representatives of the prosecutors are basically simple American lawyers of the state or local governments. Directly or indirectly 'exercise of public charge is subject to the control of voters.
Here we see an organization of justice that clearly distinguishes the role and status of the prosecution than those of the judiciary. It is a distinction, albeit in different forms and with different emphases, is the rule in democracies.
Il caso italiano costituisce un' eccezione. La distinzione tra magistratura giudicante e requirente (pubblico ministero) è così debole da porre la difesa in posizione di subalternità. While the collaboration of the 'court order with the powers and constitutional bodies is not favored. Then it is difficult to enforce a specific responsibility for the mistakes made.
Montesquieu in his Spirit of Laws , demanded that the judiciary was entrusted to courts not permanent, formed by non-professionals drawn from the people. These popular temporary judges, as the French philosopher, should be only "the mouth of the law", thus creating a power invisible and null ". We must avoid it, Montesquieu thought that the court is also the legislature. Because in this case, the power over life and the freedom of citizens would be arbitrary.
The concerns of the great French are still to be shared , although the complexity of contemporary art requires the necessary space to professionalism.
According to the 'Article 101 of the Italian Constitution:
"Justice is administered in the name of the people.
Judges are subject only to the law."
In liberal terms we could say that justice must be administered in the name citizens to meet their need for protection. Nothing more and nothing less.
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