7 ms·

Is the high success rate because they are good at winning or good at picking winning cases? Does that 90% include plea bargains?

Exoristos 2mo ago
You're begging OP's question.
- duxup 2mo ago
  I think it’s a valid question as far as what the nature of that success rate is.
- hn_throwaway_99 2mo ago
  How so? OP is strongly implying that the 90% success rate for prosecutors is due to the courts being stacked against the defense. IMO that is where the logical fallacy is. Since prosecutors have wide latitude in deciding which cases to charge in the first place, it is very possible that the high success rate is due to prosecutors only charging cases where the accused actually committed the crimes being charged. Indeed, for the ~10% of cases where the accused is not found guilty, about 8% are due to the government dropping the case - only 1% are the jury acquitting the defendant outright. Thus, it would appear from that data that when the prosecution sees they are not likely to win a case, they drop it. I'm making no argument that the courts or law are "fair", I'm just making the argument that quoting the 90% number is in no way evidence that courts are inherently biased towards the prosecution.
  - vkou 2mo ago
    The courts are stacked against the defense, but that statistic in itself is not proof of it.
    - fsuts 2mo ago
      The courts are stacked against the defence as the bigger the fight, the more defence lawyers can bill. The legal profession is incentivised to not seek to change rules that disadvantage their clients…
- Hnrobert42 2mo ago
  I disagree, but I at least appreciate the correct use of that expression.
deleted 2mo ago
[deleted]
RRWagner 2mo ago
I've been on jury duty several times and in each time the entire jury pool was dismissed an hour or so into the morning, with "all cases have been settled". As I was leaving, the official said, "see how efficient we are now?". I replied, "The guillotine is efficient, but it's not justice." Look into Aaron Swartz. The % of cases that go to trial is very small, in no small part because plea bargaining is no bargain at all. "Plead guilty and we'll do the minimum (whether you're actually guilty or not), or go to trial and we will seek the maximum sentence, which could be 30 years in prison. What's your answer?"

Exoristos 2mo ago

You're begging OP's question.

duxup 2mo ago
I think it’s a valid question as far as what the nature of that success rate is.
hn_throwaway_99 2mo ago
How so? OP is strongly implying that the 90% success rate for prosecutors is due to the courts being stacked against the defense. IMO that is where the logical fallacy is. Since prosecutors have wide latitude in deciding which cases to charge in the first place, it is very possible that the high success rate is due to prosecutors only charging cases where the accused actually committed the crimes being charged. Indeed, for the ~10% of cases where the accused is not found guilty, about 8% are due to the government dropping the case - only 1% are the jury acquitting the defendant outright. Thus, it would appear from that data that when the prosecution sees they are not likely to win a case, they drop it. I'm making no argument that the courts or law are "fair", I'm just making the argument that quoting the 90% number is in no way evidence that courts are inherently biased towards the prosecution.
- vkou 2mo ago
  The courts are stacked against the defense, but that statistic in itself is not proof of it.
  - fsuts 2mo ago
    The courts are stacked against the defence as the bigger the fight, the more defence lawyers can bill. The legal profession is incentivised to not seek to change rules that disadvantage their clients…
Hnrobert42 2mo ago
I disagree, but I at least appreciate the correct use of that expression.

deleted 2mo ago

[deleted]

RRWagner 2mo ago

I've been on jury duty several times and in each time the entire jury pool was dismissed an hour or so into the morning, with "all cases have been settled". As I was leaving, the official said, "see how efficient we are now?". I replied, "The guillotine is efficient, but it's not justice." Look into Aaron Swartz. The % of cases that go to trial is very small, in no small part because plea bargaining is no bargain at all. "Plead guilty and we'll do the minimum (whether you're actually guilty or not), or go to trial and we will seek the maximum sentence, which could be 30 years in prison. What's your answer?"