Well, the system can be (shall we say) less than optimal without being very much biased in favor of “arbitrary” convictions. For starters there are no plea bargains that result in a death penalty. In Less Wrong terms, plea bargains may be analyzed by means of game theory, which does not show that they are equivalent to coerced confessions.
I’m also not sure what you mean by “corrupt judges.” Stupid and/or biased, I would grant you, but that’s true for much of humanity, isn’t it? I would suggest that judges in criminal cases in the U.S. and common-law nations, in their official capacity, suffer from fewer biases than the average person. I understand that similar precautions mayexist in European nations governed by civil law, but I’m not familiar with the specifics.
On the other hand, I’m reminded of Chesterton’s poem, on another subject:
You cannot hope to bribe or twist
Thank God, a British journalist;
But seeing what the man will do
Unbribed, there’s no occasion to.
Strictly speaking, in most American criminal trials, the judge does not have the power to convict—a jury does. Granted, the jury is chosen by a procedure that may not be calculated to produce the very best decision-making body. But I would hesitate to say that they are systematically biased to give “arbitrary convictions.”
With that said, I don’t think reading Radley Balko should be regarded as a punishment.
Well, the system can be (shall we say) less than optimal without being very much biased in favor of “arbitrary” convictions. For starters there are no plea bargains that result in a death penalty. In Less Wrong terms, plea bargains may be analyzed by means of game theory, which does not show that they are equivalent to coerced confessions.
I’m also not sure what you mean by “corrupt judges.” Stupid and/or biased, I would grant you, but that’s true for much of humanity, isn’t it? I would suggest that judges in criminal cases in the U.S. and common-law nations, in their official capacity, suffer from fewer biases than the average person. I understand that similar precautions mayexist in European nations governed by civil law, but I’m not familiar with the specifics.
On the other hand, I’m reminded of Chesterton’s poem, on another subject:
You cannot hope to bribe or twist
Thank God, a British journalist;
But seeing what the man will do
Unbribed, there’s no occasion to.
Strictly speaking, in most American criminal trials, the judge does not have the power to convict—a jury does. Granted, the jury is chosen by a procedure that may not be calculated to produce the very best decision-making body. But I would hesitate to say that they are systematically biased to give “arbitrary convictions.”
With that said, I don’t think reading Radley Balko should be regarded as a punishment.