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American criminal trials are so costly in terms of money and time that the process itself is a form of punishment. Sure, you could go to trial and find yourself

American criminal trials are so costly in terms of money and time that the process itself is a form of punishment. Sure, you could go to trial and find yourself not guilty, but then the prosecution files an appeal and you have to keep paying a lawyer. If there's a reasonable chance of you being found guilty, the prosecutor will be happy to strike a reasonable deal with you, so you can get it over with and carry on with your life (and your money). I think something like 90% of cases are resolved through plea bargaining.

toast0 10y ago
> Sure, you could go to trial and find yourself not guilty, but then the prosecution files an appeal and you have to keep paying a lawyer. In the US, the prosecution can't appeal a verdict in a criminal trial. In some cases, you could be tried for the same crime in a different jurisdiction though (likely with a different prosecution as well).
- 24gttghh 10y ago
  I believe the Double Jeopardy clause of the 5th Amendment of the US Constitution prevents such things as being tried for the same crime twice...
  - toast0 10y ago
    From skimming on Wikipediea, there are exceptions: you can be tried for the same crime as a federal crime and a state crime if it is criminal in both jurisdictions (although not as a federal crime and a Puerto Rico crime). You can also be tried for a crime multiple times if earlier trials were declared a mistrial (some exceptions apply).
    - dragonwriter 10y ago
      > you can be tried for the same crime as a federal crime and a state crime if it is criminal in both jurisdictions A federal crime and a state crime, even if based on the same act, are different crimes. (Usually, even if they have similar popular names, with substantially different definitions.) > (although not as a federal crime and a Puerto Rico crime). Puerto Rico is a federal territory, therefore that would be a "federal crime" and a "federal crime". While Puerto Rico may have local government that looks a lot like a state in its relation to the federal government (and which is treated as a state under a lot of federal statutes), Constitutionally it is not a separate sovereignty like a State, but simply an appendage of the Federal government.

toast0 10y ago

> Sure, you could go to trial and find yourself not guilty, but then the prosecution files an appeal and you have to keep paying a lawyer. In the US, the prosecution can't appeal a verdict in a criminal trial. In some cases, you could be tried for the same crime in a different jurisdiction though (likely with a different prosecution as well).

24gttghh 10y ago
I believe the Double Jeopardy clause of the 5th Amendment of the US Constitution prevents such things as being tried for the same crime twice...
- toast0 10y ago
  From skimming on Wikipediea, there are exceptions: you can be tried for the same crime as a federal crime and a state crime if it is criminal in both jurisdictions (although not as a federal crime and a Puerto Rico crime). You can also be tried for a crime multiple times if earlier trials were declared a mistrial (some exceptions apply).
  - dragonwriter 10y ago
    > you can be tried for the same crime as a federal crime and a state crime if it is criminal in both jurisdictions A federal crime and a state crime, even if based on the same act, are different crimes. (Usually, even if they have similar popular names, with substantially different definitions.) > (although not as a federal crime and a Puerto Rico crime). Puerto Rico is a federal territory, therefore that would be a "federal crime" and a "federal crime". While Puerto Rico may have local government that looks a lot like a state in its relation to the federal government (and which is treated as a state under a lot of federal statutes), Constitutionally it is not a separate sovereignty like a State, but simply an appendage of the Federal government.