The U.S. legal system is organized as an adversarial contest: in civil cases, between two citizens; in criminal cases, between a citizen and the state. Physical violence and intimidation are not allowed in court, whereas aggressive argument, selective presentation of the facts, and psychological attack are permitted, with the presumption that this ritualized, hostile encounter offers the best method of arriving at the truth. Constitutional limits on this kind of conflict are designed to protect criminal defendants from the superior power of the state, but not to protect individual citizens from one another….All citizens are presumed to enter the legal arena on an equal footing, regardless of the real advantages that one of the parties may enjoy. The Constitution, therefore, offers strong guarantees for the rights of the accused, but no corresponding protection for the rights of crime victims. As a result, victims who choose to seek justice may face serious obstacles and risks to their health, safety, and mental health.
( Jon Krakauer )
[ Missoula: Rape and the Justice ]
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