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In Germany we have a whole different problem of judges, who should be neutral, but often do the prosecutor's work in a trial. In trials it often boils down to d
by kybernetyk 13y ago
In Germany we have a whole different problem of judges, who should be neutral, but often do the prosecutor's work in a trial. In trials it often boils down to defendant vs prosecutor and judge - whereas it should be defendant vs prosecutor watched over by a neutral judge.
How neutral the judge is depends often on his political alignment, the alignment of the defendant, possible stereotypes that might apply to a defendant and of course if there is some reputation gain for a judge in case of a conviction.
While in theory the system of a neutral judge is good in practice it's pretty flawed because no single human can really be neutral.
I wish we had a jury system in Germany because that way you at least need 12 people to fail instead of just one - who might have hidden motives for a conviction - for someone to get wrongfully convicted.
- brodo 13y agoPlus, 'fruit of the poisonous tree' evidence is allowed in Germany. Meaning that, if evidence against you was collected illegally, it can still be used.
- scotty79 13y agoI never got why illegally collected evidence is not permitted. As long as it's not fabricated. It should be allowed but the person who collected the evidence illegally should have separate trial and punishment for that.
- deleted 13y ago[deleted]
- teddyh 13y agoIt is not permitted because the “separate trial and punishment” never happens.
- marme 13y agojust think about it this way if illegally collected evidence was allowed at trial police could do whatever they wanted. If police illegally search you home there is no criminal penalty for the police, at most it is a civil rights violation which can only be challenged in court. This means the police could just search ever single house in a crime ridden neighbourhood and arrest everyone who had anything even remotely illegal. Imagine having to live in a poor neighbourhood where once a week the police kicked in your door and searched the house. It is already getting pretty bad for cops searching every vehicle of a minority they stop