4 ms·
Maybe this has always been obvious to everybody but the American justice system is not about truth or fairness. The goal is to convict no matter what. That is
by louwrentius 4y ago
Maybe this has always been obvious to everybody but the American justice system is not about truth or fairness.
The goal is to convict no matter what. That is how the incentives are lined up.
Case in point: the (famous) Serial podcast started about the (now evidently) wrongful conviction of a teenager. He was recently released after 20+ years because of a note found written by a prosecutor that pointed to other plausible suspects, information never shared with the defence.
You are very unlikely to ever be judged by a jury of your peers. You are much more likely to not 'risk' that and take the plea deal. From the perspective of a European (and we have our issues) it sounds the system is fundamentally rotten.
The mythbuster story only highlight how basic truth finding isn't really an issue.
- twblalock 4y ago> The goal is to convict no matter what. That is how the incentives are lined up. No, the goal of the prosecution is to convict no matter what. The goal of the defense is to prevent the prosecution from winning. In order to win, one side must convince a jury. This is an intentionally designed adversarial system. The European system, where a judge is essentially an inquisitor trying to discover the truth rather than a referee, is not better, it's just different. It is not more immune to abuse or bad results than the Anglo-American system.
- louwrentius 4y agoIf that’s what you want to believe I can live with that.