Re:Why so little looting in Japan? It's not just about honesty.
by pwim on Sunday March 20, 2011 @10:43PM
(#2348176)
Judges face bureaucratic pressure to maintain high conviction rates. According to the following paper, it can have negative effects on a Judge's career if he appears to be lenient:
http://www.rasmusen.org/published/Rasmusen-01.JLS.jpncon.pdf
Re:Why so little looting in Japan? It's not just about honesty.
by ovi256 on Monday March 21, 2011 @06:02AM
(#2349057)
Only in a system where judges are elected, like the US. Many, if not most European countries (to discuss the examples I'm familiar with) appoint judges and have had a jury trial system until the beginning of the 20th century. It was abandoned after it was found to be easy to manipulate on a regular basis. Jury trials degenerated into character trials - prosecution would try to discredit the accused, and defense would try to paint him as a pillar of the community. Juries placed too much weight on their personal feeling towards the accused, and too less on what happened and what the evidence was.
We like to hope that the US system solved this problem, of course.
Re:Why so little looting in Japan? It's not just about honesty.
by metageek on Monday March 21, 2011 @11:04AM
(#2350026)
I believe only a few US states elect judges; they're usually appointed.
Re:Why so little looting in Japan? It's not just about honesty.
by moomba on Monday March 21, 2011 @02:24PM
(#2350962)
Even if a judge is appointed, there could still be public outrage over the perception of low conviction rates. This would cause another judge to be appointed. The same thing goes on with cabinet positions of all levels of government where the public demonstrates outrage.
Re:Why so little looting in Japan? It's not just about honesty.
by angstrom on Sunday March 20, 2011 @10:12PM
(#2348105)
I think the line of thought is that a jury is not as easily bought, harder to threaten, and better at ironing out the moral ambiguities that can be the failings of a single person.
However, a judge and no jury is certainly more expedient, neither is infallible in terms of their judgement. That is the reason for appeals.
Re:Why so little looting in Japan? It's not just about honesty.
by edanm on Monday March 21, 2011 @06:41AM
(#2349129)
"How does the judge/jury distinction come into play? Is there empirical evidence that trials with juries have more accurate outcomes?"
Juries may be less accurate and the OP's point still stands - there's a difference. I can easily imagine that juries tend to convict less often. That doesn't mean they're more accurate.
I truly know nothing about this but my gut feeling has always been that juries don’t improve trials and I never perceived that as a strange or uncommon view.