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I gather that in some legal systems, the German system for example, mandatory prosecution of every crime is required because of this problem. It seems worthwhi

by elipsey 13y ago

I gather that in some legal systems, the German system for example, mandatory prosecution of every crime is required because of this problem. It seems worthwhile to ask what a good incentive for prosecutors would look like. For example, an incentive that rewards winning a trial more strongly than excepting a plea.

iwwr 13y ago
The penalties are just too large and so very few are risking going to trial. Also, if prosecutors were actually forced to prosecute every case in court, it would either block the criminal justice system, or force politicians to drastically reduce penalties (and look "soft on crime").
- warfangle 13y ago
  Or dramatically increase taxes in order to pay for more prosecutors and judges and courtrooms.
bradleyjg 13y ago
From friends in state prosecutors offices in a couple of states, I understand that there is a professional incentive to try cases on a fairly regular basis. Even though the office as a whole benefits from plea bargains, it's trial work that is apparently most respected and taken into consideration for promotions and the like. I personally find the German system preferable, I think there is something very sick about a system that has so many cases it is in danger of collapsing under its own weight. Rather than striving for efficiency short cuts, like rampent plea bargaining accomplished via the lever of over harsh trial sentences, we should step back and figure out why there are so many alleged criminals to begin with.
- pyre 13y ago
  > why there are so many alleged criminals to begin with. Obviously because we're not being harsh enough on them! /s
- awjr 13y ago
  I'm guessing due to prohibition aka War on Drugs. I'm rather in favour of legalising and taxing all drugs. Then releasing all prisoners convicted on drug possession/supply.
- socialist_coder 13y ago
  I'm an American living in Germany now but I have no clue what the German system is. Can you enlighten me or share a link that explains it well?
  - bradleyjg 13y ago
    This is the article everyone in (US) law school reads about it: http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1532&context=fss_papers http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?artic... but it looks like things are changing: http://ir.lawnet.fordham.edu/ilj/vol34/iss2/5/ http://ir.lawnet.fordham.edu/ilj/vol34/iss2/5/

by elipsey 13y ago

iwwr 13y ago

The penalties are just too large and so very few are risking going to trial. Also, if prosecutors were actually forced to prosecute every case in court, it would either block the criminal justice system, or force politicians to drastically reduce penalties (and look "soft on crime").

warfangle 13y ago
Or dramatically increase taxes in order to pay for more prosecutors and judges and courtrooms.

bradleyjg 13y ago

From friends in state prosecutors offices in a couple of states, I understand that there is a professional incentive to try cases on a fairly regular basis. Even though the office as a whole benefits from plea bargains, it's trial work that is apparently most respected and taken into consideration for promotions and the like. I personally find the German system preferable, I think there is something very sick about a system that has so many cases it is in danger of collapsing under its own weight. Rather than striving for efficiency short cuts, like rampent plea bargaining accomplished via the lever of over harsh trial sentences, we should step back and figure out why there are so many alleged criminals to begin with.

pyre 13y ago
> why there are so many alleged criminals to begin with. Obviously because we're not being harsh enough on them! /s
awjr 13y ago
I'm guessing due to prohibition aka War on Drugs. I'm rather in favour of legalising and taxing all drugs. Then releasing all prisoners convicted on drug possession/supply.
socialist_coder 13y ago
I'm an American living in Germany now but I have no clue what the German system is. Can you enlighten me or share a link that explains it well?
- bradleyjg 13y ago
  This is the article everyone in (US) law school reads about it: http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1532&context=fss_papers http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?artic... but it looks like things are changing: http://ir.lawnet.fordham.edu/ilj/vol34/iss2/5/ http://ir.lawnet.fordham.edu/ilj/vol34/iss2/5/