2 ms·
> I get the impression that the American system makes routine practice of increasing or decreasing people's punishment not for the severity of their crimes, but
by brazzy 14y ago
> I get the impression that the American system makes routine practice of increasing or decreasing people's punishment not for the severity of their crimes, but rather for their skill (or their lawyers') in navigating the legal system.
This seems to be a typical feature of a Common Law based system, and an incidental rather than intentional feature.
By its nature, such a system tends to become more complex over time and resist deep-reaching reform. The complexity then automatically rewards navigation skill.
- jessaustin 14y agoincidental rather than intentional Perhaps it was originally incidental, but at this late date both prosecutors and defense attorneys know on which side their bread is buttered. They might occasionally countenance a reduction in sentences, but they'll never allow a reduction in complexity and complication to emerge from our legislatures. Our judges all begin as prosecutors [!] so even though their livelihood wouldn't be threatened they're too professionally deformed to even recognize complexity as an issue.