Comment by TedDoesntTalk
2 years ago
> latter seems to be evidence of the system working both well and as designed
Prosecutors in America have one goal: close the case. At any cost, close the case. They are not interested in justice. They are not interested in finding the one who actually committed the crime. They are interested in closing the case. If that is “working as designed”, then we need to change the design.
And the opposite is true of the defense. The result is a 3rd party gets to hear all of the evidence either side could come up with and weight the outcome based on all of that instead of 2 interested parties trying to figure it out themselves.
There are of course ways to improve the legal system, more equal access to quality representation is my preferred improvement regardless of system, but you can't just look at one element of the system in isolation and declare the whole concept bad. That's "The CPU produces waste heat so we need to remove it completely" type logic where you find one thing that sounds unambiguously bad and ignore that it could be a symptom of great net positive function of that thing. Doesn't mean it's perfect either, just means it needs more than a shallow dismissal.
Sure, but the accused should have a lawyer who is screaming about anything that is unreliable.
There’s no practical way for a defense lawyer to find out what the error rate is for, say, a state lab. Occasionally organizations can do this, for example the innocence project figured out that the FBI’s hair analysis was bogus for decades (https://www.fbi.gov/news/press-releases/fbi-testimony-on-mic...).
Have you seen the caseloads of public defenders?