[walterkrankheit]

I have been living in Germany for many years and the prison (and justice) system is obviously different hear. Quite a few Americans think it's ludicrous here. But reading this, I beg to differ. This is also just heartbreaking.

It's also crazy to think he gets no state compensation for this sort of thing.

[gmueckl]

The German legal system works very differently. I can see how US citizens would be comfused about that. In Germany, the Judge asks questions and arrives at a verdict. The prosecution and the defense state their cases and bring evidence, also question the witnesses etc... but the Judge has a lot of control over the process of examination. So the nature of the court proceedings is not fundamentally adversarial as both parties have to convince a person who tends to ask hard questions about the arguments that are brought before the court. I have witnessed judges tear through bullshit arguments with ease.

Judges may be guided by personal biases. That does happen. To balance that, ordinary citizens are drafted as layman judges (Schöffen) to assist in more important cases for fixed terms (not individual cases). They are present to balance out professional judges and any biases they may develop as part of the system. They are passive observers in the court room, but have an equal say in deciding the final judgement. So this may lead to panels of up to five judges presiding over a case.

The resulting system is not perfect. But I got the impression from my personal experience that it is quite fair and balanced over all. It isn't a perfect system, and some egregious errors are made. Some have ruined lives unnecessarily. But on average, it still looks fairer to me than what I hear about the US system.