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Originally Posted by Jeremy
Regardless if it is common practice for Attorney Generals or not. I am fairly certain the founding fathers of the U.S. constitution did not have this kind of "payoff scheme" or "bribery" in mind when they wrote how the judicial system should work.
If you want to avoid a jury trial once you believe you don't have a strong case, then simply dismiss the case. If you want to collect a nice settlement, then find them guilty in a court of law and call it a fine.
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I think that the rationale is that "justice" should be served in a manner most befitting to the Public Interest.
Sometimes it is not in the "public interest" to have a long trial, and spend a whole wad of cash - and keep the jurors' lives on indefinite hold - when the public's interests can be served otherwise.
Requiring either a full trial or a complete dismissal is not in the public's interest. The entire justice system requires that alternatives be used...if for no other reason than there are just too many cases to take through to their normal conclusion. Plea bargaining is an essential facet of the American Justice system.
If you've got somebody on 87 charges, is it really necessary to proceed with all 87? No, it would be wasteful and disruptive to the main goal...which is the administration of justice.
I think the idea is that it is more important that justice be *seen* to be done, rather than it actually *be* done.
And, just dismissing cases is not going to advance the public's interest, normally.