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Re:In Germany, 27 are in 'preventive detention' b/c they mig... by ceejayoz on Monday September 11, 2023 @03:07PM (#37472153)
Sure, that's why it's a deal. You say penalty, they say bargain. Both are true. For folks who've genuinely committed big-boy crimes, a plea bargain is great; for falsely accused innocents it presents an unpleasant dilemma at times.

My being able to opt to voluntarily testify doesn't mean the right to remain silent doesn't exist. We'd have no rights by your definition.

Re:In Germany, 27 are in 'preventive detention' b/c they mig... by BurningFrog on Monday September 11, 2023 @03:35PM (#37472577)
You can think of it that way if you want, sure.

Another angle is that plead bargains are necessary to put as many people in jail as we do.

The judicial system would completely break down if it needed to have 50x as many trials.

Re:In Germany, 27 are in 'preventive detention' b/c they mig... by ceejayoz on Monday September 11, 2023 @03:47PM (#37472656)
> The judicial system would completely break down if it needed to have 50x as many trials.

Yes. I'd argue that's not universally or even mostly a good thing.