Search Site
Menu

The Churchillian View

Winston Churchill once famously said, “Democracy is the worst form of government, except for all the others.” Perhaps the worst form of ascertaining the truth is the American civil court system, except for all the others. I guess, all in all, it is pretty darn good. It may have its faults as Churchill thought about democracy but it is a system with an approach and a purpose and a pretty good track record.

In a recent blog, I wrote about cross-examination. There is a concept, culled from centuries of jurisprudence, that questioning and eliciting answers in a vigorous format helps to establish the facts. Also, an oath is a powerful tool in eliciting truth, although certainly not something that ensures or guarantees truth. Another concept behind witness testimony is that the trier-of-fact, usually a jury, can judge the demeanor of a witness. All of these reasons explain why hearsay is disfavored and often excluded from the courtroom. Of course, there are exceptions which have carefully evolved over centuries. Hearsay exceptions need some indication of reliability if the proffered evidence is to be admitted.

What does Churchill have to do with this? No one can guarantee that the truth wins out. Nevertheless, if you talk to seasoned court observers, you will find that juries “most often get it right.”

Leave a Reply

Your email address will not be published. Required fields are marked *

Feinberg & Alban, P.C. fervently protects your rights
  • The Boston firm of Feinberg & Alban, P.C. specializes its practice in the area of personal injury.

    The attorneys serve the entire state of Massachusetts in addition to affiliating with lawyers in other states to handle cases outside of Massachusetts.

  • $7.7 Million Award for Feinberg & Alban Client in Personal Injury Trial

    Boston Attorneys Win Highest Injury Verdict in Massachusetts in 2011 & 2012.

Client Reviews
  • google
    5.0/5.0

    It was a pleasure working with attorney Alexis Cahill. She helped me understand everything and gave me more than I ever thought. She is so nice and an excellent lawyer. I'm glad I went to this co-op.” thank again you for taking care of everyth...

    Read more

    rita botelho

  • google
    5.0/5.0

    Colleen Santora and her partners at Feinberg & Alban went above and beyond in providing efficient and professional representation throughout my recovery process. Colleen is a great attorney that is very knowledgeable and empathetic. She was a pleasur...

    Read more

    ELI-RAN YOUSHAEI

  • google
    5.0/5.0

    Working with this firm was a great experience. Marsha Alban is a great attorney and very easy to work with!

    Read more

    Bronislava Abramova

  • google
    5.0/5.0

    This attorney office is highly efficient, amazing, and professional. They made me feel very comfortable and was invested in my interest. Communication through my whole experience was always professional and prompt. I highly recommend them to anyone w...

    Read more

    Babydoll Babydoll

  • google
    5.0/5.0

    I was in a car accident recently, and was lost in the process of what to do post my injuries. I contacted Feinberg & Alban, where I was introduced to Colleen Santora, who was the best resource I could have ever imagined. Colleen was knowledgable, emp...

    Read more

    OT Tips & Tricks for Kids

See all reviews
Awards & Affiliations
Contact us

Quick Contact Form