Money and the Judicial System

[HumbleThinker]

What are everyone's thoughts on the interplay between money and our judicial system? With there already being a thread about private prisons, I was looking to focus more on the courtroom side of things.

I'm split on this personally. On the one hand, the cost of legal proceedings can be a disincentive to frivolous lawsuits because one wouldn't want to waste the money to do so, as well as an incentive for parties to settle matters out of court, thus not burdening the judicial infrastructure. On the other hand, money can also force people without enough money to follow-through on a lengthy legal proceeding to accept disadvantageous settlements from those parties with more than enough money, or even not go to court at all.

[Cow Poke]

Your post begins with an implication that you're talking about the criminal justice system.

Your second paragraph seems to be dealing with the civil justice system.

Perhaps you could clarify.

[HumbleThinker]

Your post begins with an implication that you're talking about the criminal justice system.

Your second paragraph seems to be dealing with the civil justice system.

Perhaps you could clarify.

Ah, you're right; I didn't catch that. Thank you. I meant to speak of the justice system at large, not necessarily the criminal or civil justice system in particular.

I think the general idea of the positive and negative impacts of money can apply to the criminal justice system as well. Take the prosecution of my former governor Bob McDonnell. That was a very expensive trial that was ultimately thrown out by the Supreme Court. It would cost a lot of money to try him again with a lower likelihood of success. On the one hand, we could see the effect of money here as limiting vindictive or frivolous prosecution, but we could also see it as restraining the prosecution from prosecuting someone who may legitimately need to be punished severely. This can also be an incentive for the prosecution to deal with the defendant, whether rightly or wrongly. On the defendant's side of things, having a lot of money may help them weather a lengthy prosecution with capable lawyers and put more financial pressure on the prosecution, while a defendant with little money may have to rely on overworked and underpaid civil defenders and may be pressured to deal when it is not in their best interest.

I hope that clarifies where I was going.

[Cow Poke]

Ah, you're right; I didn't catch that. Thank you. I meant to speak of the justice system at large, not necessarily the criminal or civil justice system in particular.

I think the general idea of the positive and negative impacts of money can apply to the criminal justice system as well. Take the prosecution of my former governor Bob McDonnell. That was a very expensive trial that was ultimately thrown out by the Supreme Court. It would cost a lot of money to try him again with a lower likelihood of success. On the one hand, we could see the effect of money here as limiting vindictive or frivolous prosecution, but we could also see it as restraining the prosecution from prosecuting someone who may legitimately need to be punished severely. This can also be an incentive for the prosecution to deal with the defendant, whether rightly or wrongly. On the defendant's side of things, having a lot of money may help them weather a lengthy prosecution with capable lawyers and put more financial pressure on the prosecution, while a defendant with little money may have to rely on overworked and underpaid civil defenders and may be pressured to deal when it is not in their best interest.

I hope that clarifies where I was going.

Well, yeah, it stinks. Like when I was arrested for home schooling. It was a bogus charge - THREE bogus charges, in fact - but it caused me the loss of my job, an expenditure of nearly $7,800, and the need to move from that community.

It's like the guy who goes to prison, then is found innocent upon appeal -- "where do I go to get my dignity (or life) back?"

[HumbleThinker]

Well, yeah, it stinks. Like when I was arrested for home schooling. It was a bogus charge - THREE bogus charges, in fact - but it caused me the loss of my job, an expenditure of nearly $7,800, and the need to move from that community.

It's like the guy who goes to prison, then is found innocent upon appeal -- "where do I go to get my dignity (or life) back?"

Do you have any ideas for how to improve this situation? The extreme solution of taking money completely out of the justice system, for instance, seems to be at least as perilous as leaving it in if not more so.

[Cow Poke]

Do you have any ideas for how to improve this situation? The extreme solution of taking money completely out of the justice system, for instance, seems to be at least as perilous as leaving it in if not more so.

Much too complex for my little brain. Even the idea of a criminally accused person having a "free lawyer", while noble, doesn't guaranty them a vigorous and effective defense.

Somehow, there needs to be less focus on rewarding the "higher percentage of convictions".... it makes some lawyers to "win at all costs".

And, when a defense attorney becomes convinced that his client is actually guilty, but defends him anyway......

I don't know - it's a mess.

In the case of civil law, it's probably easier -- whoever loses pays the costs, including a case being thrown out as frivolous - that person should pay all expenses from both sides, maybe.