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by devinhelton
2838 days ago
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Existing laws we already operate under have much more severe maximum penalties than people realize, and judges are (relatively) reasonable at applying them correctly. I don't think the system is working well at all. We have a situation where vague laws with severe penalties allow prosecutors to grossly overcharge. This is then used to coerce the accused into waiving their rights to a trial, in return for the certainty of a more limited punishment. |
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In Germany "deals" are very much not liked by the law profession, and only a very limited form of it has been put into law. And even that is very sharply debated in the profession.
Add to it that prosecutors actually do look for mitigating circumstances, and do not regularly appeal a verdict that they feel is a bit too low, thus preventing the appellate court from handing down a harsher sentence, making the appeal risk-free for the defendant.
It's not all roses here, but you also shouldn't assume that this "either plead guilty and accept five years or risk three hundred years" is a universal property of judicial systems.