Jury trials are probably as doomed as democracy, and for the same reasons. Their demographic precondition has been obliterated. ...
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Admitting guilt over 'disturbing the peace' seems like a small price to pay to avoid a hate speech conviction. Anyways, 'efficient justice' is having your cake and eating it too. Plea-bargaining strikes as good a balance as anything.
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There's a tradeoff in principle between justice and efficiency. My position is that the system is so inefficient that injustices appear as a result. Plea-bargaining would be an example of that. Long times spent on remand are another.
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plea-bargaining is a response to a felt necessity. i'm losing the plot here, but my main point was that, in the criminal context, the judicial system is doing about as good as it can. i think the problems are, generally speaking, legislative in nature.
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as for the demographic-precondition issue, I'd rather have the chance to plea-bargain (because of high trial costs) than go up before an arbiter. Hell, I'd rather try my luck with unfriendly jurors than an unfriendly inquisitor.
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Juries are a good idea if the people you live among are like you and have the same values as you. I think that's increasingly not the case. The high trial costs are the whole issue here. I'm saying bring them down, and be brutal about it if necessary.
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If you can't bring them down, the only remaining response possible is to have fewer trials, and plea-bargaining is a reasonable way to do that. As I said, an order-of-magnitude reduction in cost is what is needed.
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My solution: cops bludgeon minor offenders, and let them walk.
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Trials and juries and presumption of innocence are all good things, but they're not free, and if the state is no longer effective enough to be able to provide them while still maintaining order, then we lose them. Simple as that. Crying "muh rights" doesn't change anything.
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In Japan pretty much everyone charged with a crime is found guilty, which intriguingly suggests they're dealing with the problem in another social department.
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Looks like they have an inquisitorial system with the (recent) addition of lay judges. Near-100% conviction rate could mean either that the judges convict automatically, or that prosecutors are very good at predicting judges' verdicts
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