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DaFranker comments on A Rational Argument - Less Wrong
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This is why I think an adversarial court system is fundamentally defective.
Granted, inquisitorial court systems have flaws as well... but in principle it seems like an inquisition is actually what we want. We want to know what happened, not find out who is better at arguing.
A bayesian-rational inquisition judge is in principle the ideal court system. The problem is to ensure that this judge remains conform to requirements (a problem very akin to the unresolved reflectively self-consistent proof of friendly self-modification in the Friendly AI field), and that it always has enough power to enforce decisions.
The ideal system is one where a superintelligence not only knows what happened, but can causally prove that it will not happen again, and thus safely proceed to letting everyone off (including the proven-guilty party) to go about their business.