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Re:Justice Stevens reads the fine print by pjc50 on Tuesday March 29, 2022 @05:09AM (#30840394)
> At least here in the UK, the court system does not have enough capacity

Yeah, that's a political decision; the government is so anti-public service that it's cut it to disastrous levels.

In many cases the cuts to legal aid are politically targeted at situations where the government was losing too many cases.

Re:Justice Stevens reads the fine print by samhw on Tuesday March 29, 2022 @07:33AM (#30841218)
There's a fantastic piece in legal aid cuts in the LRB here, for anyone who's interested: https://www.lrb.co.uk/the-paper/v35/n11/francis-fitzgibbon/s...

It's obviously specific to the UK, but lots of the broader points are applicable anywhere (especially in the US, where the provisions whose loss he's writing about are provisions people have simply never had).

Arguably the most painful, cringe-inducing part is this one:

> The restrictions on legal aid are already leading to an increase in the number of people representing themselves in courts and tribunals. This has caused the Bar Council to publish A Guide to Representing Yourself in Court. It opens unpromisingly:

    >> The law can be very complicated. This guide explains things as clearly and as briefly as possible, but will only give you an overview of what you need to do if you have a civil law legal problem. This means we have had to miss bits out – bits that are likely to affect what the law would say about your own situation. So please do not rely on any of the examples used in this guide.
And also this very important observation:

> A civil case, let’s say something complex to do with a tenancy agreement, may well take twice as long in court with a self-represented litigant. The savings on lawyers’ already modest legal aid fees hardly count for much when the cost of running a single courtroom at the Old Bailey is estimated at £10,000 a day. [...] The conclusion must be that this legislation has nothing to do with saving money.

Re:Justice Stevens reads the fine print by dalbasal on Tuesday March 29, 2022 @05:59AM (#30840669)
Political/funding decisions are part of the mix, but I don't think the daylight between highly funded and underfunded amounts to fundamental difference.

Courts are extremely costly and/or low throughput. The vast majority of legal resolutions happen outside of courts, whether or not they even touch a court along the way.

It just is not designed for efficiency. Court systems are designed to embody legal ideals (and imo myths) of justice, that may be pretty far from common sense ideals.

We basically can't have a decent court system unless appealing to it is extremely rare. This is the nature of the legal system, not a consequence of details like funding.

Re:Justice Stevens reads the fine print by andjd on Tuesday March 29, 2022 @11:39AM (#30844031)
> We basically can't have a decent court system unless appealing to it is extremely rare.

This is a defeatist attitude, and one that allows bad actors to thrive. Landlord-Tenant law is a particularly relevant example here because most jurisdictions have substantial regulations that put substantial obligations and limitations on landlords -- far more than most other areas of contract law. However, many landlords can ignore these regulations because their tenants don't have access to courts to enforce them.

I would also argue that family law is an area that is a counter-example to your statement. In cases of divorce, especially with children involved, the courts are almost always involved, even when the parties come to an amicable separation agreement. You'll also note that the processes, personnel, and facilities of family court tend to be a lot more economical than a prototypical court of general jurisdiction. They stand as an example that if we want to make access to courts more widely available and economical, we can.

Re:Justice Stevens reads the fine print by Retric on Tuesday March 29, 2022 @06:42AM (#30840907)
Courts don’t actually need to deal with vary many cases though. I suspect the average person needs to deal with the legal system for anything more complex than a speeding ticket less than once per decade.

And as it turns out five minutes in front of a judge can easily handle: “The speed camera is showing a picture of a pickup truck, I drive an SUV.”

It’s only a minute fraction of cases that take significant time to resolve. The UK has ~700 homicide victims per year and significantly fewer murder trials. Individual trials can be long and expensive without it actually adding up to a significant expense.

Re:Justice Stevens reads the fine print by aardvark179 on Tuesday March 29, 2022 @07:27AM (#30841188)
So, looking at stats for England and Wales about 80% of homicide incidents result in one or more suspects being charged and a small number of those end up being acquitted (though it often takes some time for people to be charged). I guess that counts as significantly fewer, but wasn’t the impression I got from my initial reading of your post.
Re:Justice Stevens reads the fine print by Retric on Tuesday March 29, 2022 @09:19AM (#30842172)
80% of incidents, but each incident can have multiple victims. 2020 for example had one unfortunate case of 39 people being found dead in a truck relating to human trafficking.

Anyway here’s Criminal court statistics up to 2019 that’s showing real downwards trends. https://assets.publishing.service.gov.uk/government/uploads/...

Re:Justice Stevens reads the fine print by pmyteh on Tuesday March 29, 2022 @07:54AM (#30841365)
Yes; there are also a significant number of guilty pleas. They obviously vastly reduce trial time, though not the cost of investigation etc.