alt Hacker NewsIt's not the lawyers but the KPAs. If a prosecutor's promotion is judged based on the number of successful prosecutions, then there's every incentive to prosecute and zero incentive to dismiss charges.
Fixing the system requires changing the incentives. Individuals would adjust accordingly.
Edit: It won't get fixed because ultimately the metrics trickle up to Joe Public, who is notoriously tough on crime. Lawyers had to fight popular sentiment to get rid of the death penalty in most states. Even today, between death and life imprisonment, the former is preferred by the general public.
Replies
>Even today, between death and life imprisonment, the former is preferred by the general public.
Source?
> ultimately the metrics trickle up to Joe Public, who is notoriously tough on crime
This behaviour, by Joe Public, is a serious problem, in that it's an emotional response, not a logical one, and absolutely never based on informed debate
The prosecutor where I grew up had the cops mad at him too because he would only prosecute if it was a slam dunk win. He didn't want to risk not getting a conviction so many crimes had no action if they didn't have spotless evidence. So somewhat a win, but still not good that known criminals are out and about because the prosecutor didn't want to risk a not-guilty verdict.
The whole system is pretty broken.