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Re:Confessions of an Ex-Prosecutor (2016) by rlpb on Tuesday July 24, 2018 @06:03AM (#17599536)
Other countries seem to manage just fine. As crunchatized mentions, that's because their bail system isn't also broken.
Re:Confessions of an Ex-Prosecutor (2016) by slg on Tuesday July 24, 2018 @12:00PM (#17602241)
I am really not familiar with how the the legal system works outside of the common law world. As far as I'm aware, Canada and England work very similarly with pleas reducing sentencing, the vast majority of cases not going to trial, and a cash bail system. Which country would you say does it right?
Re:Confessions of an Ex-Prosecutor (2016) by rlpb on Wednesday July 25, 2018 @02:25AM (#17607239)
> As far as I'm aware, Canada and England work very similarly with pleas reducing sentencing, the vast majority of cases not going to trial, and a cash bail system.

Quite the opposite (in terms of pleas and cash bail). See https://en.wikipedia.org/wiki/Bail and https://en.wikipedia.org/wiki/Plea_bargain.

For example in England plea bargains are based on timing of plea only and are limited to one third off the sentence only. Bail is given by default and a cash bond is not required.

> Which country would you say does it right?

I'm not sure I'm qualified to say that some country does it right, but England for example is quite the opposite of the US in terms of "presumption of innocence" really having a meaning. The system hasn't ground to a halt, yet innocent people don't rot in jail awaiting trial just because they're poor, and don't have to plead guilty for fear of getting a 10x sentence.

Re:Confessions of an Ex-Prosecutor (2016) by slg on Wednesday July 25, 2018 @02:28PM (#17611596)
We were discussing the removal of these systems. In a spectrum with no plea system/cash bail on one side and the American system on the other, those countries are much closer to us then no plea/cash bail side. I stand by my statement that "Canada and England work very similarly with pleas reducing sentencing, the vast majority of cases not going to trial, and a cash bail system."

The rest of your post just goes back to my previous comment about max sentences. If we reduce the max sentence for that hypothetical crime from 20 years to 3 years, then our system would be the same in that people who plead guilty would receive two thirds the sentence that those found guilty at trial.

Also, one of the reasons that the UK is able to handle this increased case workload (although a majority of cases are still plead down) is they spend a relatively high amount per capita when compared with other countries. Once again, I am not against a holistic change that reforms the whole justice system. But doing away with the plea system doesn't have the benefits that you suggest and has various downsides that you are skipping over.