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You're describing sentencing. Conviction decisions are mostly made by juries.
by fluidcruft 8mo ago
You're describing sentencing. Conviction decisions are mostly made by juries.
- Nursie 8mo agoIn systems I'm familiar with, magistrates handle a lot of the minor criminal cases without juries, and civil cases don't usually have a jury either, which covers probably a majority of all court cases.
- fluidcruft 8mo agoCivil cases don't involve convictions. Defendants in federal civil cases in the US involving controversies over at least $20 have a right to trial by jury.
- Nursie 8mo agoTrue, but they do involve judgements, and magistrates courts do involve convictions. And you’ll get decisions from public prosecutors in the US or UK whether to take something to trial in the first place, which can involve a determination of whether a trial is even in the public interest. :shrug: either way, as I say, IMHO having a flexible system that involves informed judgement in lots of places but with the possibility of appeals, reviews etc is a feature, not a bug. The law isn’t a language spec or even a program.
- fluidcruft 8mo agoThere's plenty of room for flexibility while still being honest and consistent about the rules. If a judge thinks someone should get away with murder, say, just be honest about it rather than invent ways to avoid calling it murder.