> This would get rid of the abuse of plea bargaining
I would argue that there is little or no "abuse" of plea bargaining.
The current system has evolved from a fitness function which encourages more laws, fewer prosecutors and judges per capita, less time per defendant to plead their case in a courtroom, and more incentive for prosecutors to appear to "win" the vast majority of their cases.
There is no place in that fitness function for justice or ethics. Those who appear to get those luxuries get them entirely because they have the means to leverage the legal system (usually before/during the crime, not after the arrest).
It's unrealistic to expect that mere mortal humans to know all of the laws that govern them (I doubt most people have read more than a paragraph of state laws that govern them), let alone to understand them with the expertise of a lawyer.
There's not enough resources for cities or states to allow more than ~5% of people to plead innocence in a courtroom so the plea bargaining system isn't being "abused", it's a necessary evil in order for the extremely expensive society we have.
I would argue that there is little or no "abuse" of plea bargaining.
The current system has evolved from a fitness function which encourages more laws, fewer prosecutors and judges per capita, less time per defendant to plead their case in a courtroom, and more incentive for prosecutors to appear to "win" the vast majority of their cases.
There is no place in that fitness function for justice or ethics. Those who appear to get those luxuries get them entirely because they have the means to leverage the legal system (usually before/during the crime, not after the arrest).
It's unrealistic to expect that mere mortal humans to know all of the laws that govern them (I doubt most people have read more than a paragraph of state laws that govern them), let alone to understand them with the expertise of a lawyer.
There's not enough resources for cities or states to allow more than ~5% of people to plead innocence in a courtroom so the plea bargaining system isn't being "abused", it's a necessary evil in order for the extremely expensive society we have.