Yes I do understand that the French system does afford much more significant leeway for the judges. Leaving the semantics aside the fundamental question is still as follows. The prosecution functions as the arm of the state in all legal systems charged with the task (in the broadest sense) of defending the "welfare of the republic". This is by it's nature an adversarial role (when viewed by the defending parties) and also creates an issue in the sense that the state is viewed (by its own system) as being fair and pragmatic. So in effect the very nature of the proceedings gives a subtle edge to the prosecution. This is true in any system and even in the occasionally ludicrous American justice system ("if the glove doesn't fit you have to acquit") the stark reality is that we have far to many innocent people in jail (and on death row and sadly pushing pansies as well).
You make some valid points, and some totally erroneous points.
The prosecution functions as the arm of the state in all legal systems charged with the task (in the broadest sense) of defending the "welfare of the republic"
So where does that leave monarchies, principalities, federations?
This is by it's nature an adversarial role
You are once again applying your local knowledge and familiarity therewith to areas which transcend national boundaries.
Systems of law which are not based upon the US model can and do recognise a different process of law.
"Adverserial" is one form of process of law.
"Inquisatorial" is another, different process of law.
So in effect the very nature of the proceedings gives a subtle edge to the prosecution. This is true in any system and even in the occasionally ludicrous American justice system
That may be true in your jurisdicition. I do not know.
I do wonder how you can assert that "that s true in any system" given your manifestly abject ignorance of non US processes of law.
As to you valid points,
the occasionally ludicrous American justice system ("if the glove doesn't fit you have to acquit") the stark reality is that we have far to many innocent people in jail (and on death row and sadly pushing pansies as well).
I have nothing but respect for the truth, humility and humanity of that remark, and your courage to express it.
If that sounds patronising, it was not intended. I am sincere.