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If all criminal defendants had the balls to reject plea offers and demand speedy trials, the system would first grind to a halt, and then start back up prosecuting only those who actually threaten the welfare of others.
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A sensible man might wonder, if a government had not the time or energy to prosecute all of the accused on its docket, perhaps said government has too many laws and is applying them too stringently.
If all criminal defendants had the balls to reject plea offers and demand speedy trials, the system would first grind to a halt, and then start back up prosecuting only those who actually threaten the welfare of others.
I agree with both of you.
Let's face it. Once a person goes to jail, unless they're wealthy, they're fucked for life. Very few people, that go to jail/prison, can overcome their criminal record. They are marked for life. So sentencing someone to a few years in prison, absolutely screws them, it's a life sentence of sorts. And I'm not even talking about the psychological damage incarceration probably causes, I'm just talking about the "scarlet letter" a convict will carry with them for life.
I'm of the opinion that the only criminals we should incarcerate, are those that have infringed on other individuals' rights to life, liberty, or pursuit of happiness. I think we should be very reluctant to incarcerate people for victimless crimes, and in general we should have fewer laws and prohibitions.
So, yeah, I'm all for a much smaller government, and obviously the only way that can be achieved is by a huge reduction in the size and scope of the legal system, with fewer people in the legal professions, enforcement, regulation, and administration.