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Why should the judiciary be independent of the democratic government? Why did you take my comment that there shouldn't be evidence?
When the judge and the prosecution work for the same people, it can cause conflicts of interest, or the appearance of such, and make it seem like the judiciary is not there to be objective and determine the facts. Even the appearance of impropriety is a problem. Yes, how exactly to appoint judges then does become a point of debate, but it's hard to expect them to be objective if the state can retaliate against them for ruling against it, obviously as such or behind the scenes.
It's... kind of a stereotype of "show trials" that evidence is often... debatable at best.
So there should be two governments just for the sake of having judges and prosecutors coming from separate entities? And which government should be supreme? Who answers to whom?
Why do you think an adversarial court system is the best in the first place?
What do you mean 'rule against' the state? Isn't the judge an agent of the state? Do you mean a judge should have independence such that they can contradict their mandate?
What I mean is just that there should be rules and procedures in place to prevent situations where the state wants someone found guilty, the evidence and the letter of the law doesn't support that, but the judge feels compelled to rule against the defendant anyway out of fear of retaliation. Innocent until proven guilty doesn't work unless the state needs reasonable evidence to declare guilt, and someone in charge of determining that whose job is to weigh the evidence and interpret the law as written, not blindly agree with law enforcement agencies. And I know that a lot of Western legal systems today are nowhere near perfect, but I do think "innocent until proven guilty" is a concept we should keep after the revolution.
I ask questions to make you think about your position and the objections I have with it and you just ignore them to restate your opinion unaffected.
They ultimately always do though, just with more or less extra steps.
You make a good point, and that is a problem that's ultimately very difficult to get around. It's hard to figure out how to protect the judiciary from retaliation such that people who aren't guilty will be found not guilty on the evidence and facts and the judge won't be afraid of retaliation for ruling against the prosecution, without giving them ultimate power and creating stupid loopholes. But ultimately I think we may have a clash of principles here, where most communists tend to prefer that the guilty be caught and punished even at the expense of the innocent, while I believe it's better to let a few possibly guilty folks go free, than lock up or execute one innocent person. (Also, I think show trials are stupid and the government ought to be humiliated if they hold a massive spectacle of punishing someone for an egregious crime but the evidence doesn't hold up. And that person can't be acquitted on the facts if the judge is afraid of reprisals.)
Objectivity is a myth and it's purpose is usually depoliticization. I don't necessarily say this to say a judicial system should never be independent, but I certainly wouldn't use objectivity as a reason for why it should. Separating politics from law or justice is not possible and not desirable unless deception is the goal.
Objectivity is also a very fallible standard for determining truth. Ultimately, justice must be in the context of revolution not in the context of "objectivity." There must be a political ether for justice to rest on.
I suppose I'm just very much caught up in Western justice systems that uphold objectivity as the ultimate goal of a courtroom. That state the point of a trial is to determine the facts of a case and have an objective judicial body pronounce a verdict. I'm not really familiar with other approaches that are still fair to all sides and compatible with "innocent until proven guilty", which is a principle I find extremely important.