Quote:
Originally Posted by ecriture d'adulte
Then the problem is with DAs and judges bringing awful cases where the guy has an excellent case of being innocent to trial. I don’t think that’s the case, especially in federal court.
In federal court it's pretty unlikely, esp white collar crime, but the case is not necessarily awful if there is a greater-than-20-percent chance the guy is innocent. There is no guilt determination level in preliminary hearings or grand juries or whatever.
Some law guys have a high degree of faith in the system (see licitus, simp). A more aggressive prosecutor can figure "I'm fairly sure the guy is guilty, we have some good evidence, and he has a good lawyer. If he's not, the jury will figure it out." I read a book partially about how guys like that were getting sidelined at the justice department (in regards to white collar crime). That goes partially to your point, but my point is they exist, and the trial will let you know as a juror what kind of prosecutor/case you're dealing with.