This system assumes the innocence of everyone who enters the court until they are proven guilty. It allows both sides of a case to conduct investigations and to cross-exam witnesses and anyone brought before the court that is related to the case.
Lee was speaking to the Federalist Society's 2022 National Lawyers Convention in Washington D.C., warning the gathering that an increasingly solid federal government threatened our way of life and how we govern our society. He is very concerned that doing away with some of the checks and balances in our system can destroy us from within.
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He said the following:
"Government is force, and like fire, it's dangerous, and it has to be controlled — should never be trusted."
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He argued that an adversarial system is necessary for our freedoms and liberties. If we don't protect it and keep it going into the future, we will surely see the erosion of our culture and way of life.
The system requires that both the prosecution and the defendant have access to solid legal representation. Not every country in the world does that, but we believe in a system that protects the rights of the accused. They deserve to protect their freedoms until they are proven guilty of a crime and perhaps have some of those freedoms taken away.
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Senator Lee spoke about Supreme Court Justice Samuel Alito, who said there is something wrong with our society when the freedom of speech is curtailed because we disagree with what the speaker is talking about. In other words, we must protect even the types of speech that the vast majority of us would find offensive.
Lee took a strong stand for the adversarial system and the continuation of the checks and balance system that we rely on now.
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