I came across this analogy while I was looking for information about the North Dakota (of all places) Judiciary.
Read on:
First Umpire: I sit there behind the plate and I watch the ball come down the groove and I call it what it really is.
Second Umpire: I can't do that, the best that I can do is watch its pattern and call it as I see it.
Third Umpire: It ain't nothin till I call it.
The prosecutorial part of the system operates under the influence and direction of the first umpire.
Like balls and strikes people are either in the groove or they are not.
Judges and juries often appear to operate under the influence and direction of the second umpire as homage is paid to the great historical charge of responsibility to listen to all of the evidence before making up their minds.
To the defense lawyer, however, it most often appears that in reality it is the world of the third umpire that most accurately describes what in fact is happening.
Pretty good stuff, right?
After watching on television the constant barrage of Law and order, CSI, Criminal Minds, Without A Trace, NCIS, Closer, etc., the above does a fine job of breaking down the sytem into simpler terms.