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I've never liked the adversarial trial system-- Germany has a better approach - Input Junkie
August 9th, 2018
11:40 am

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I've never liked the adversarial trial system-- Germany has a better approach
https://law.yale.edu/system/files/documents/pdf/Faculty/Langbein_Land_Without_Plea_Bargaining.pdf

Longish, but worth reading at least the first half or so.

The German legal system has efficient trials, and I don't mean railroading people, I mean not wasting time by not having an adversarial system. They don't have plea bargaining because they don't have an overwhelmed court system which creates the incentive for plea bargaining.

At this point, the German style strikes me as simply superior to the American style.

If anyone knows more about how the German legal system works out in practice, let me know.

A little more about the American system....

https://www.forbes.com/sites/walterpavlo/2018/07/31/are-innocent-people-pleading-guilty-a-new-report-says-yes/#795a40d35193

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From:whswhs
Date:August 10th, 2018 05:11 pm (UTC)
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I'm not in favor of inquisitorial trial systems. But I don't think plea bargaining is inescapable in adversarial systems. I've been told by an Australian friend that under Australian law, a prosecutor who offered a plea bargain would be risking not only his job but his chances of staying out of prison. That would be a drastic change from the American approach, but going over to inquisitorial justice would be a drastic change, too.
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From:nancylebov
Date:August 13th, 2018 01:51 pm (UTC)
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Thanks for the information. I'll look into it.

I don't know how well the German system works in practice-- it sounds reasonable, but I could easily be missing something.
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