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Your email address will not be published.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

    They went the extra mile. Stood behind me. Had a difficult claim with a motor vehicle accident. I'm very satisfied with the outcome. Richard

    Read more

    richard turk

  • google
    5.0/5.0

    We have had the pleasure of working with Colleen Santora on couple legal issues. We have always had a good communication during our very long process. We feel good responsive, open,& honest communication during a injury case should be the strongest ...

    Read more

    Edward Hyde

  • google
    5.0/5.0

    Very professional firm, always pay attention to detail. Knowledgeable and successful. Written on behalf of Mikhail Zaytsev.

    Read more

    Yelena Wise

  • google
    5.0/5.0

    I was a victim of a serious crash and sustained some major injuries. I was referred to Feinberg & Alban by a personal friend while I was in rehab. I contacted on a weekend and was put in touch with Robert. After speaking over the phone with Robert an...

    Read more

    Craig Donovan

  • lawyers
    5.0/5.0

    I was a victim of a serious crash and sustained some major injuries. I was referred to Feinberg & Alban by a personal friend while I was in rehab. I contacted on a weekend and was put in touch with Robert. After speaking over the phone with Robert an...

    Read more

    Client

See all reviews
Awards & Affiliations
Contact us

Quick Contact Form