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In my opinion one of the biggest but under appreciated problems is that at every trial there is a prosecutor whose job is try to get you convicted whether they
by jncfhnb 3y ago
In my opinion one of the biggest but under appreciated problems is that at every trial there is a prosecutor whose job is try to get you convicted whether they think you did it or not, and who will try their hardest to do so with every tool available, which is largely not even factual claims but emotional rhetoric to make you seem evil.
- cplusplusfellow 3y agoDon’t forget they have essentially unlimited budget and you’re spending personal resources. Which they can of course confiscate and imprison you for a year before trial unless you’re wealthy and can afford bail.
- blagie 3y agoI think this is a central issue. The justice system should work as follows: Any money that either side spends on legal resources, 50% goes to your lawyer and 50% to opposing counsel. You can spend $1,000,000, or go pro se, but the other side gets the same resources. Another way to make this work is to cap expenses for both sides (I believe Germany does this for many types of cases). The deeper issue is that there have been no serious efforts at reform. The system basically needs to be re-invented from the ground up. A lot of disputes which should not be adversarial (such as family law) are made into such, and there are misaligned incentives all over the place.
- PopAlongKid 3y ago>at every trial there is a prosecutor whose job is try to get you convicted whether they think you did it or not That must vary a lot by jurisdiction. In San Francisco and neighboring Alameda County (Oakland, Berkeley), prosecutors are facing criticism for their insistence that they will not bring charges unless they believe beyond a reasonable doubt that the defendant is guilty, even when there appears to be a lot of evidence in that direction. Essentially, they are pre-empting the jury's job. It's so bad that Alameda D.A. is facing a possible recall just a year after being elected, for not bringing charges that in the past would have been routine.
- jncfhnb 3y agoIs that a california being dumb thing or an incentive that punishes them for losing cases
- Someone 3y ago> In my opinion one of the biggest but under appreciated problems is that at every trial there is a prosecutor whose job is try to get you convicted whether they think you did it or not. Once a case is under trial, that’s their job, isn’t it, just as it’s the job of the defense to get an acquittal, even if they think or even know you did it? I think the problem is pre trial, with trials getting started even though there’s no good evidence.
- jncfhnb 3y agoYes it is their job. That’s stupid. You’re an absolute stain on society if you sit around thinking “this guy seems innocent but I bet I can send him to jail if I convince everyone he’s a scary person” We are confusing diligence and factual reporting with incentivized persuasion.
- za3faran 3y agoThis is not the case in systems that seek justice, like the Islamic system.