A view here from someone who know’s….
If people only knew how really chaotic the criminal justice system is, the wonder is it functions at all. Thats why I snicker when I hear some Right wing goof demanding an end to plea bargaining(While demanding his right to a jury trial when he gets a speeding ticket). Without plea bargains the whole edifice would collapse in a matter of days.
We have created a system that is nearly perfect .Oh the players(judges, lawyers , police etc ) might be flawed but the system? The accused is guaranteed a plethora of rights . He can file numerous motions, has the right to total discovery of all evidence that may be used against him, can raise objections galore (often frivolous), be tried by a jury which must reach a unanimous verdict in most cases ,then if convicted avail himself of numerous appeals and, if that doesn’t work, then file a post conviction relief petition (alledging that his lawyer was incompetent.) and demanding a whole new trial.
Then the public rarely sees how prosecutors end up either dismissing hundreds of cases because there are proof issues or (frequently) the police screw something up, Pleas are done mostly because there simply are so many cases they can’t possibly all be tried.
So it all “works “in a manner of speaking.
Make no mistake though, it is chaotic and mistakes are often made as I stated earlier due to the imperfect players in the play.As to that idea that Judges should replace juries? I would actually favor that in all but the most serious cases where a defendant may be facing years in prison.Interestingly and little known,in federal cases, one who is facing six months or less in prison has no right to a jury trial.
However real criminal justice reform is highly unlikely . Too many people have a vested interest in the present system with all its frailties. So it will likely continue as before while everybody bitches about what a rotten system it is and,except for about every other one you can think of?
They’re right!
My Name is Jack @ Politicaldog101…