Individual bias isn’t great either, but at least...
I think this is a legitimate but small concern.
If half of all judges at each level were former prosecutors and half former defense attorneys, half of those who had a trial and one level of appeal would face the same bias at each step (assuming even promotion, and unless this was specifically corrected for).
A more fair system than evening out representation would be embracing a type of bias and having formal rules counteracting that, e.g. have all judges be former prosecutors and have a set of judicial ruels favoring defendants.
I think it likely you are being blinded to the gross unfairness of having an individual tried under a former defense attorney when the rules are written with no regard for bias or assuming the average judicial bias is in favor of the prosecutor, or under a former prosecutor even if half of all judges are former defense attorneys, by the legitimate point that fairness would be increased if each defendant had at most one of each type between trial and appeal.
This is especially true considering how much less important appeal is than an original trial.
I think this is a legitimate but small concern.
If half of all judges at each level were former prosecutors and half former defense attorneys, half of those who had a trial and one level of appeal would face the same bias at each step (assuming even promotion, and unless this was specifically corrected for).
A more fair system than evening out representation would be embracing a type of bias and having formal rules counteracting that, e.g. have all judges be former prosecutors and have a set of judicial ruels favoring defendants.
I think it likely you are being blinded to the gross unfairness of having an individual tried under a former defense attorney when the rules are written with no regard for bias or assuming the average judicial bias is in favor of the prosecutor, or under a former prosecutor even if half of all judges are former defense attorneys, by the legitimate point that fairness would be increased if each defendant had at most one of each type between trial and appeal.
This is especially true considering how much less important appeal is than an original trial.