Three aspects of law are sufficiently distinct, complex and independent to warrant their own truncated pyramid structures and specialists: law creation, law enforcement, law policing. Separation of law creation ensures laws can’t be created lightly and arbitrarily. However, mechanisms must exists for communication between each structure. Policing should be further divided into distinct structures for largely non-overlapping areas of specialisation e.g. environmental, transport, fraud, property and social crimes.
Regarding law enforcement, many governments use an adversarial system with two sides, the law and those accused of contravening the law. This system encourages obfuscation of the truth and distortion of interpretation, which is not advantageous. An inquisitorial approach would be more productive, where everyone involved in the process works toward the common goal of obtaining an objective understanding. Although a defendant my not be cooperative they should receive no support to be so and rather encouraged to be honest with both credit for honesty and extra punishment for dishonesty.
Assets arrived at dishonestly should always be removed. If assets have no apparent basis in being obtained legally then some proportion of them should be seized according to the best estimate of what proportion was obtained illegally.
While someone is detained they must pay for their detention or work during and after to pay for it.
This blog is for discussion of law that should inform government policy.
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