Ahh, but the goal isn't to achieve justice, at least not for all the participants. A prosecutor's goal is to get convictions and/or pleas, if possible at minimum cost.
In Germany, for example, the prosecutor is primarily obliged to get at the truth. Furthermore, prosecutors have no discretion as to whether to prosecute, any major offense must go to trial, so there is nothing the prosecutor could offer. For the same reason, there is little incentive for the prosecutor, because trials with guilty pleas (which still happen quite frequently) are only somewhat shorter than trials without them. The judge still has to consider all the evidence, of which the guilty plea is just one piece.
On the other hand, procedures are such that trials are dispatched quickly at reasonable cost. There is virtually no room for the procedural/technical shenanigans that drag out litigation in the US and make it so expensive.
> On the other hand, procedures are such that trials are dispatched quickly at reasonable cost. There is virtually no room for the procedural/technical shenanigans that drag out litigation in the US and make it so expensive.
That's the key issue. If legal costs weren't so high, they could try to achieve actual justice. Also, if it weren't so dragged out, people could get back to their lives more quickly. Even if someone did commit a misdemeanor, why should they have to spend 5 years with it hanging over them, not knowing what the verdict will be?
In Germany, for example, the prosecutor is primarily obliged to get at the truth. Furthermore, prosecutors have no discretion as to whether to prosecute, any major offense must go to trial, so there is nothing the prosecutor could offer. For the same reason, there is little incentive for the prosecutor, because trials with guilty pleas (which still happen quite frequently) are only somewhat shorter than trials without them. The judge still has to consider all the evidence, of which the guilty plea is just one piece.
On the other hand, procedures are such that trials are dispatched quickly at reasonable cost. There is virtually no room for the procedural/technical shenanigans that drag out litigation in the US and make it so expensive.
http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?artic...