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Not sure about Japan, but the tendency of US prosecutors to dismiss/drop cases they think they might lose is a critical part of the US justice system. The US pr
by pnw_hazor 6y ago
Not sure about Japan, but the tendency of US prosecutors to dismiss/drop cases they think they might lose is a critical part of the US justice system. The US prosecutor has a dual role that includes protecting people from unwarranted prosecution as well as prosecuting people charged by police .
Though [too] often, they confuse their important duty to protect people from unwarranted prosecution with their personal interest in promoting their career.
edit:
toned it down a bit - added [too]
- colejohnson66 6y agoOh, I agree that it’s essential to a functioning justice system. I’m just upset about corrupt prosecutors. For example, sometimes, even with all the evidence pointing to Person A, the police will still railroad (an unrelated) Person B because they, for some reason, can’t admit they’re wrong.
- pnw_hazor 6y agoCorrupt prosecutors are evil and way too common. Prosecutors are supposed to be the gatekeeper -- they should be a bulwark against injustice. I wish there was some plea offer reform to stop prosecutors from making coercive plea offers. I think that is one of the worse offenses against justice. E.g., offering plea deals with a choice of pleading guilty to a misdemeanor with no jail or you get multiple felonies thrown at you and the potential for years of prison. The Feds are even worse with their false statements or mail/wire fraud charges. No wonder they get their convictions. Plea guilty to one count of making a false statement or you get 100 counts of mail fraud -- take your pick.
- colejohnson66 6y agoPlea bargains are evil. It’s my belief that if your case is not rock solid enough that you need to resort to a plea bargain, you shouldn’t be prosecuting that person. Also, how are plea bargains not perjury? You’re saying, “I did it” even if you didn’t.
- pnw_hazor 6y agoI feel the policy behind plea bargains is sound. Some of the problems the Japan criminal justice has is because plea bargains are not generally allowed except for recent limited reforms that in some ways make things worse. Many US-style plea bargains are reasonable and do not require defendants to lie because they are pleading guilty to lesser included crimes rather than lying about what they did. The problem is when plea bargaining is used as a weapon that encourages false confessions or false guilty pleas. Or, more generally, when the choice to plead guilty or go to trial is unbalanced such that defendants will not even try to force the government to prove their case. This is bad for justice. The Feds are big into this. They wield/abuse 18 U.S. Code § 1001 (making false statements a felony) with abandon. A defendant can be faced with $100,000s in legal fees with the potential of decades in federal prison or they can plead guilty to one count of 18 USC 1001, it happens everyday (probably several times a day).