criminal or civil? the latter is already trending in that direction, but as to the former, i disagree.
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Replying to @anomalyuk @Outsideness
What reforms would you like to see? At least in the U.S., it's hard to see what's "unlawful" about charging someone with a thousand crimes and persuading them to plea-bargain.
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Replying to @cultofunreason @Outsideness
It has to be faster and cheaper by about an order of magnitude. You should be able to try someone for a crime the day after you arrest them. The system is so loaded down with safeguards it can't operate.
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Replying to @anomalyuk @Outsideness
okay, but what does this look like in practice?
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Replying to @cultofunreason @Outsideness
Probably a lot more like the courts before the 1960s. A lot more discretion for judges, a lot less mandatory procedures that have to be followed. My mother's job (back in the 1980s) was pre-sentencing social enquiry reports.
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Replying to @anomalyuk @Outsideness
I agree that there are too many formalities which judges are forced to observe. That said, the huge costs associated with trials have given rise to our plea-bargain regime, which I imagine is more efficient than any sort of trial, no matter how efficient.
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Replying to @cultofunreason @Outsideness
We don't have plea-bargaining to the same extent in Britain. It seems like it has the tendency to become more unjust over time as prosecutors learn to manipulate it. The safeguards that have been added to trials are counterproductive if that's the outcome.
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Replying to @anomalyuk @cultofunreason
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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