Truth and Justice - Truth Serum NOT!!!

[Steve]

No: HPFGUIDX 67736

--- In HPforGrownups at yahoogroups.com, "Robert A. Rosenberg"
<rarpsl at o...> wrote:
> ... in OotP there is a scene ... a typical Wizard Trial. ... it
> seemed to be portrayed as a cross between a Star Chamber Hearing and
> a Kangaroo Court, ... the trial was ... odd given that it was ... a 
> Wizard not a Muggle Court. I refer to the use of unsupported 
> testimony ... there is a much simpler ... way of learning 
> the truth.
> 
> ...edited...
> 
> Why is the Truth Potion either not used during the trial or at least 
> offered as a way of short-circuiting the proceedings so that the 
> defendant can testify as to the truth of their defence? 
>
> Robert 

bboy_mn:

This was just cover a day or two ago but I'll cover it again anyway.

They answer to your question lies in my question which is 'Why don't
we used truth serum or lie detectors in our muggle courts?'. 

Well, that's the reason they don't use them in wizard's courts. They
are a violation of the defendants rights. It is up to the court to
prove you guilty, and not up to you to prove you are innocent, or at
least that is the theoretical principle behind democratic justice. The
wizard world does have a Wizards Chart or Rights, so they do recognise
that defendants have rights, and can not be compelled to give
testimony against themselves.

Truth serum and lie detectors are flawed my many way, only one of
which is that if the defendant believe what he is saying then he will
consider it truth. May people believe that space alien routinely visit
our planet, they believe it will all their heart, and that belief
would be reflected in truth serum and lie detectors. 

Regardless of whether he did it or not, if Harry was delusional, and
truly and genuine believe he had fought Dementors, then to him it
would be truth.

Truth serum is not the answer to everything. It's flawed because,
believe it or not, truth is a matter of opinion.

As far as the trial or so called hearing itself, and through out the
entire book, it is clear that Fudge and Umbridge are illegally
subverting the process of justice to met their own ends. These are the
things that all free men/women must guard against. CONSTANT VIGILANCE!

just a thought.

bboy_mn