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You don't have to be able to define an elephant to recognise one. But it is possible, like Icharus, to fly too close to The Sun. And we all have a tendency to toe the party line and treat whatever judges say as ex cathedra which, in light of the number of their decisions reversed on appeal, clearly it is not. A trial of people reasonably suspected of criminal activity which does not proceed is as much a denial of justice, to the victims especially and to the general public, as the punishment of someone whole ads not guilty without a trial. However long it is since one practised the law that much dates back to 1215.