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What Forensic Software do you recommend if buying personally

Computer forensics discussion. Please ensure that your post is not better suited to one of the forums below (if it is, please post it there instead!)
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Patrick4n6
Senior Member
 

Re: What Forensic Software do you recommend if buying personally

Post Posted: Dec 20, 09 22:29

As we learned in law school, the adversarial system is fine unless there is a substantial difference in ability to have access to the same quality of representation. My lecturer called it the "deep pockets principle" and there is a substantial statistical correlation between financial capacity and which side wins. Have a read of the NAS report on Strengthening Forensic Science in the US and their issues with equal access to resources for defendants. I'm not necessarily endorsing their suggestions on how to address it, but it's an interesting read.

I'm not saying that in practice a "Civil Law" system produces a better result in practice, my experience has been in two common law countries, but as a forensic practitioner, I can respect a system where the first responsibility of all lawyers is to the truth, rather than to any particular person or the state.
_________________
Tony Patrick, B. Inf Tech, CFCE
www.patrickcomputerfor...s.com/blog
www.twitter.com/Patrick4n6 
 
  

seanmcl
Senior Member
 

Re: What Forensic Software do you recommend if buying personally

Post Posted: Dec 21, 09 00:44

- Patrick4n6

I'm not saying that in practice a "Civil Law" system produces a better result in practice, my experience has been in two common law countries, but as a forensic practitioner, I can respect a system where the first responsibility of all lawyers is to the truth, rather than to any particular person or the state.


Since you were in law school you are also aware that the legal system is more than about truth; it is about the fair application of the law to all individuals. The Miranda decision has allowed many guilty persons to go free, but what it reflects is that the rights of the individual triumph even the interests of the state. That is how it should be.

Truth is often subjective in civil cases. Consider ex-Presidential candidate John Edwards who made his fortune as a plaintiff's lawyer working on the link between "birth defects" and malpractice. In many cases, his clients won at the expense of the truth, but this was a reflection of the fact that the ultimate authority for intepretation of the law rests with the public, not the judiciary nor law enforcement.

This was a conscious decision on the part of the framers of the Constitution. It may lead to individual injustice as well as to society bearing the brunt for fate of the unfortunate. But the justice system is not about arriving at an objective truth, though that is to be hoped for in many cases, but a subjective truth, namely, what society believes to be just.  
 
  

johnsmithx
Member
 

Re: What Forensic Software do you recommend if buying personally

Post Posted: Dec 21, 09 23:17

- Patrick4n6
I'm not saying that in practice a "Civil Law" system produces a better result in practice, my experience has been in two common law countries, but as a forensic practitioner, I can respect a system where the first responsibility of all lawyers is to the truth, rather than to any particular person or the state.


Are you trying to say that lawyers in civil law system are more seeking the truth and less fighting against the opposite side? I wouldn't say that lawyers here are attacking me any less than lawyers in U.S. are attacking you.  
 
  

Patrick4n6
Senior Member
 

Re: What Forensic Software do you recommend if buying personally

Post Posted: Dec 21, 09 23:24

That's why I put my "in practice" comment. Because although the intent may be different, the practice doesn't necessarily follow. In my experience, many different legal systems tend to borrow from the good (and sometimes bad) aspects of other legal systems, so it wouldn't surprise me that lawyers in civil law systems are acting more adversarial than the system would seem to imply at a philosophical level.
_________________
Tony Patrick, B. Inf Tech, CFCE
www.patrickcomputerfor...s.com/blog
www.twitter.com/Patrick4n6 
 
  

armresl
Senior Member
 

Re: What Forensic Software do you recommend if buying personally

Post Posted: Dec 21, 09 23:40

Hi Patrick,

What law school did you attend?



- Patrick4n6
As we learned in law school, the adversarial system is fine unless there is a substantial difference in ability to have access to the same quality of representation. My lecturer called it the "deep pockets principle" and there is a substantial statistical correlation between financial capacity and which side wins. Have a read of the NAS report on Strengthening Forensic Science in the US and their issues with equal access to resources for defendants. I'm not necessarily endorsing their suggestions on how to address it, but it's an interesting read.

I'm not saying that in practice a "Civil Law" system produces a better result in practice, my experience has been in two common law countries, but as a forensic practitioner, I can respect a system where the first responsibility of all lawyers is to the truth, rather than to any particular person or the state.

_________________
Why order a taco when you can ask it politely?

Alan B. "A man can live a good life, be honorable, give to charity, but in the end, the number of people who come to his funeral is generally dependent on the weather. " 
 
  

seanmcl
Senior Member
 

Re: What Forensic Software do you recommend if buying personally

Post Posted: Dec 22, 09 00:02

- Patrick4n6
That's why I put my "in practice" comment. Because although the intent may be different, the practice doesn't necessarily follow. In my experience, many different legal systems tend to borrow from the good (and sometimes bad) aspects of other legal systems, so it wouldn't surprise me that lawyers in civil law systems are acting more adversarial than the system would seem to imply at a philosophical level.


I my experience as a witness in civil cases, I'd have to say that the primary role of the lawyer seems to be that of advocating for his/her client, not seeking the truth. I am not saying that this is a bad system, but I am suggesting that truth often takes a back seat when it comes to civil actions, which may be one reason why so many civil actions end up being settled out of court.

There are also "incentives" to bundle certain types of civil actions because the losing party has to pay the legal fees for the prevailing party.  
 
  

armresl
Senior Member
 

Re: What Forensic Software do you recommend if buying personally

Post Posted: Dec 22, 09 00:15

Where is it written that the losing party has to pay legal fees for the prevailing party?

It is frequently asked for, I wasn't aware of any rule which states that it has to be.



- seanmcl
- Patrick4n6
That's why I put my "in practice" comment. Because although the intent may be different, the practice doesn't necessarily follow. In my experience, many different legal systems tend to borrow from the good (and sometimes bad) aspects of other legal systems, so it wouldn't surprise me that lawyers in civil law systems are acting more adversarial than the system would seem to imply at a philosophical level.


I my experience as a witness in civil cases, I'd have to say that the primary role of the lawyer seems to be that of advocating for his/her client, not seeking the truth. I am not saying that this is a bad system, but I am suggesting that truth often takes a back seat when it comes to civil actions, which may be one reason why so many civil actions end up being settled out of court.

There are also "incentives" to bundle certain types of civil actions because the losing party has to pay the legal fees for the prevailing party.

_________________
Why order a taco when you can ask it politely?

Alan B. "A man can live a good life, be honorable, give to charity, but in the end, the number of people who come to his funeral is generally dependent on the weather. " 
 

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