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Re:A Tiny Bank’s Surreal Trip Through a Fraud Prosecution by nickff on Monday July 27, 2015 @05:50PM (#9958248)
>"You're not being realistic. Structuring the court system so that the most expensive option to the public is also the option with best expected outcome for the one selecting options is obviously inefficient. And an inefficient justice system is a bad justice system."

You have to define what you mean by efficiency before you can declare that one system is more efficient than another. I agree that the post you are replying to proposed an expensive system, but it may be more efficient if your efficiency metric takes time spent by innocent people in jail into account as a cost.

Re:A Tiny Bank’s Surreal Trip Through a Fraud Prosecution by shasta on Monday July 27, 2015 @06:02PM (#9958317)
If your metric is time spent in jail by innocent people, then the optimum is obvious: don't prosecute anyone.
Re:A Tiny Bank’s Surreal Trip Through a Fraud Prosecution by FireBeyond on Monday July 27, 2015 @06:26PM (#9958418)
That's absolutist, too. If we define a goal of 'zero jailed innocent people', even accepting it as a goal we can likely only ever asymptotically approach, then it shows an impedance mismatch between how to attain this, and the motivations of prosecutors which are not the same, but rather typically, 'show a high and increasing rate of convictions to show a toughness of crime'.

This is not to say that all prosecutors are railroading sociopaths, of course not. But there is a valid question in the sense of "should a prosecutors role be to a) see the guilty punished, or b) to see the most convictions?".

Re:A Tiny Bank’s Surreal Trip Through a Fraud Prosecution by shasta on Monday July 27, 2015 @07:20PM (#9958634)
I don't disagree with any of this. My objection with this entire subthread has been the assertion that plea deals violate rights. I find that crazy. When presented with the facts of a case, a good prosecutor and defense attorney will be able to reasonably assess probabilities for the possible verdicts. Hammering out a plea that's around the average outcome can be beneficial to everyone.
Re:A Tiny Bank’s Surreal Trip Through a Fraud Prosecution by FireBeyond on Monday July 27, 2015 @07:51PM (#9958753)
I think there should be some onus on the prosecution to show (beyond grand jury levels) some more grounds that they'd reasonably win a case before being allowed to offer a plea deal.

Obviously there's a threshold - how do you do so without a 'mini trial' of sorts (which I get is part of the purpose of the grand jury)? And where the plea deal is initiated by the defendant, then this is waived.

I'm not outright against plea deals. But I do think they are massively overused here in the US, and there needs to be some safeguards that you're not shoehorning someone into something, just to get anything.