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▲ FireBeyond 13 hours ago

> I forgot the source but the amount of prosecutions that are plea down is staggering.

I'd wager that 99% of the plea deals that occur in the world occur in the US. No other country uses it to the extent we do, and it's not even close. In many countries it's not an available option, or when it is and it's used, its use is heavily regulated and requires (meaningful) oversight by the judge on fairness, likelihood of conviction, etc.

And once you've accepted a plea deal it's not just a matter of making your plea - you also have to sign a whole raft of documents waiving a whole raft of rights, about appealing your conviction, about the right to present evidence in your defense in the future, or to witnesses, you have to sign a statement saying that even if you were to (attempt to) change your plea that it is your acknowledgment, "based on material facts" that the state is in possession of enough evidence to convict you.

▲onlypassingthru 9 hours ago | parent | next [-]

>No other country uses it to the extent we do

That is incorrect. Japan has a 99% criminal justice conviction rate because of so many plea deals.

https://en.wikipedia.org/wiki/Criminal_justice_system_of_Jap...

▲somat 7 hours ago | parent | next [-]

It sort of makes sense, why would you bring a case to trial that is not complete? A complete case will always win. The trial is the final check if the case is complete.

▲ktallett 6 hours ago | parent [-]

Japan only takes cases they know they can get a prosecution on, not that they know they are guilty

▲FireBeyond 8 hours ago | parent | prev [-]

Huh? This is a wild misstatement. Even your link doesn’t support this, and says that the "most likely reason" for the high rate is that prosecutors have broad discretion over whether to prosecute at all, and credits low prosecution rates and a different way of calculating the rate.

The new system has been in place for less than ten years, only covers a very limited set of crimes and is much more modeled on cooperation than coercion. The Ramseyer and Rasmusen paper reported 99.9% convictions in 1994 (49,598 of 49,643), when the law did not allow plea bargains. The rate was already above 99% long before plea deals existed.

▲metalman 7 hours ago | parent [-]

nasty that 'statistics' are hauled out as 'proof', fuck me Japan has an unbelievable low crime rate, and some ridiculous number of criminals turn them selves in. There is something like a 90%+ rate of lost wallets just droped in a mail box and returned, and american soldiers are responsible for the bulk of violent crime in a large radius around each base. It goes on and on, not that I think that highly of the Japanese, but due credit is theres and the US is the crime, jail, more crime and corruption leader of the planet and there is nowhere worse except where the US (cia) is running some through the worst sadistic perverts they can find and support, which makes almost all of the worst crime on the planet the direct fault of america, but as we see in this case under discusion, america is now having trouble EXPORTING it's contradictions and is just eating the coolaid powder dry.

▲cindyllm 6 hours ago | parent | next [-]

[dead]

▲ktallett 6 hours ago | parent | prev [-]

Japan has a ridiculously high crime rate for many crimes such as sexual assault.

▲underlipton 6 hours ago | parent | prev [-]

See also: settlement in lieu of judgment in civil cases. There is an entire industry (debt collection) built around using the courts as a cudgel to coerce people into settlements for debts that they might not have a legal obligation to pay (because of the debt collectors' poor record-keeping, running afoul of procedural issues or consumer protection laws, etc.). Particularly for smaller amounts, attorneys will not represent consumers for defense, and (no matter what anyone tells you) judges defer to fellow lawyers if the issue goes to trial and a defendant is self-represented. Perversely, it's sometimes in a person's best interests to rack up larger debts, so that their case is worthwhile for an attorney to pick up, at which point they will likely try to negotiate a settlement rather than go to trial.