>It seems that if you are a prosecutor trying to screw people this is
>a pretty powerful position from which to do it very effectively.
>These seem to be the people most often rewarded in the DA's office.
>The flip side seems to be that as a prosecutor if you are genuinely
>trying to help people in trying circumstances this also a pretty
>powerful position from which to do some good.
The fundamental problem is sytematic. The prosecutor's job should not be to determine penalties, yet perversions of the criminal law such as plea bargaining and mandatory sentencing have just that effect.
The US system is especially repulsive due to the fact that the professional ethics of prosecutors seem to allow them to charge people with crimes more serious than they actually believe they are guilty of, as a form of leverage to coerce guilty pleas to less serious charges.
This is a monstrous practice, but the root of the problem lies in permitting prosecutors to have any say in sentencing, through secret back-room deals. Just on principle, it is taking the adversarial legal system too far when the two can haggle over choice of crime and sentencing. This is, to my mind, corrupt. No doubt it also has the effect of many crimes going unpunished, as well as many innocent people being coerced to plead guilty, depending on the amount of "justice" an accused person can afford.
> She handles way too many cases to give everyone a really fair shake
>however, a problem she readily concedes but has no practical
>solution for. Prosecutors it would seem are also given pretty skimpy
>resources in order to bring about the same effect as skimping on
>funds for the PD's office. Process poor people quickly through the
>system before anyone really has a chance to find out much about the
>case.
Yes, obviously a large part of the problem is that governments are trying to do justice on the cheap. But, as Doug said on another issue, you only get what you pay for and justice costs more than what Americans are prepared to pay apparently. That's a problem everywhere actually, but especially chronic in the US.
Bill Bartlett Bracknell Tas