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https://en.wikipedia.org/wiki/Inquisitorial_system https://en.wikipedia.org/wiki/Inquisitorial_system Some such systems, such as the one in Germany, don't have

https://en.wikipedia.org/wiki/Inquisitorial_system https://en.wikipedia.org/wiki/Inquisitorial_system Some such systems, such as the one in Germany, don't have "jury of your peers," but a panel of professional jurists who act as both judge and jury.

JohnFen 7y ago
Is that actually better, though? On the surface, it sounds like a recipe for corruption.
- scott_s 7y ago
  If I had to choose between the systems, I would choose the non-adversarial approach. There's a famous paper, "Land without Plea Bargaining: How the Germans Do It", https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1532&context=fss_papers https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?arti..., where I first learned of the German system. That paper was written in 1979, and since then, Germany does have plea bargains (https://www.dw.com/en/german-court-upholds-plea-bargains/a-16683893 https://www.dw.com/en/german-court-upholds-plea-bargains/a-1...). But in the US, plea bargaining essentially is our criminal justice system. I'm curious why you think it allows for more corruption than the US system. Something I find compelling about the German system is that the primary point is not to decide guilt or innocence of the accused, but to determine the truth. (See https://ir.lawnet.fordham.edu/ilj/vol34/iss2/5/ https://ir.lawnet.fordham.edu/ilj/vol34/iss2/5/).
  - JohnFen 7y ago
    > But in the US, plea bargaining essentially is our criminal justice system. Plea bargaining in the US is, in my opinion, a corrupt practice. > I'm curious why you think it allows for more corruption than the US system. I didn't make that claim in the big picture, I was talking specifically about the the role of jurors in terms of evaluating the credibility of expert testimony. My concern with the idea of "professional jurors" is that they represent an easy target for corruption in the form of coercion, bribery, etc. How can you ensure that a professional juror is actually impartial and fair? If jurors are always coming from the same pool of people, won't they develop relationships with prosecutors and the like that may influence their impartiality?

JohnFen 7y ago

Is that actually better, though? On the surface, it sounds like a recipe for corruption.

scott_s 7y ago
If I had to choose between the systems, I would choose the non-adversarial approach. There's a famous paper, "Land without Plea Bargaining: How the Germans Do It", https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1532&context=fss_papers https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?arti..., where I first learned of the German system. That paper was written in 1979, and since then, Germany does have plea bargains (https://www.dw.com/en/german-court-upholds-plea-bargains/a-16683893 https://www.dw.com/en/german-court-upholds-plea-bargains/a-1...). But in the US, plea bargaining essentially is our criminal justice system. I'm curious why you think it allows for more corruption than the US system. Something I find compelling about the German system is that the primary point is not to decide guilt or innocence of the accused, but to determine the truth. (See https://ir.lawnet.fordham.edu/ilj/vol34/iss2/5/ https://ir.lawnet.fordham.edu/ilj/vol34/iss2/5/).
- JohnFen 7y ago
  > But in the US, plea bargaining essentially is our criminal justice system. Plea bargaining in the US is, in my opinion, a corrupt practice. > I'm curious why you think it allows for more corruption than the US system. I didn't make that claim in the big picture, I was talking specifically about the the role of jurors in terms of evaluating the credibility of expert testimony. My concern with the idea of "professional jurors" is that they represent an easy target for corruption in the form of coercion, bribery, etc. How can you ensure that a professional juror is actually impartial and fair? If jurors are always coming from the same pool of people, won't they develop relationships with prosecutors and the like that may influence their impartiality?