Simon Asks about Intrusion Justification

[John R T Brazier]

Adrian said:

> The Court determines guilt/innocence.
> It does so by considering the evidence.
> The evidence is collected by the Police, largely - that is
> the investigation.
> The point of the investigation is to (at a remove) distinguish
> the guilty from the innocent.

I agree with the sentiments, and points (1) (2) and (3) above. Logically,
point (4) must be questionable (even at a remove). The point of the
investigation must be (a) to exclude the clearly innocent and (b) to provide
the maximum amount of evidence that may be used at a trial against the
currently preferred suspect (where the Court will decide). The investigation
itself cannot distingush between the innocent and guilty, except in the
simplest exclusive sense. It would be nice to say that the investigation
should be about the "truth" (as should the trial), but it's noticeable that
our legal system actually does not concern itself about this matter. That's
why we have a confrontational system, and lawyers can have strategies and
tactics.

ATB

John B