Question:

Wouldn't the US still work fine without courts and juries and judges at all?

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If you are accused of a crime, you get automatically convicted and sentenced immediately by the District Attorney. The decision cannot be appealed or reversed under any circumstances at all.

So all you have to do is not get accused and charged under probable cause.

Why would this be bad? This would be exactly like working for a private company where you can just get fired on the spot.

Same concept here, except you get sentenced on the spot.

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6 ANSWERS


  1. First of all, you're assuming that all law is criminal law.  That's completely false; there is also civil law--contracts, torts, etc.  In the case of such laws, there are no DAs working for the government who would be availble to accuse a violator.  The whole point of the civil system is to place the burden on the party who was allegedly offended to establish (by a preponderance of the evidence) that the alleged infraction occurred.  In such cases the government's only role is to adjudicate, not to bring charges.  

    Second, even regarding criminal law, what you are doing is making DAs into little emperors.  The potential for corruption would be enormous.


  2. Arbitration it works when people cannot agree on a solution and without a judge no one wants to decide.

  3. So let me get this straight, you would want to be accused of a crime you didn't commit by someone and be automatically convicted, sentenced and jailed with no possibility of appeal or the ability to prove you are innocent simply because they don't like your looks.

    The system you describe would be anarchy.  Those with the most influence would be in control and could have whomever they pleased jailed without having to prove their accusations are true.  You talk about probable cause.  Who gets to say what probable cause is?  The same person who made the accusation?  That is a dictatorship.  

    Sounds like you would have liked living in the dark ages.

    Our justice system isn't perfect, but at least under it you can post this kind of question in this kind of forum without fear of reprisal because you said something someone didn't like.

  4. Put simply, if the DA was corrupt (which often times can be the case) then the people who need to go behind bars won't.  You cant guarantee a fair trial.  If someone gets accused of murder, then there have to be multiple sides of the story.  If all of those aren't seen, America is screwed.

  5. That's scary. And denying entry to the US or firing them from a job is NOT the same as depriving someone of their liberty by locking them up.

    You obviously know very little about the justice system. Many innocent people win their trials. There are a lot of corrupt cops too. Basically cops would become judge, jury, and executioner. The DA wouldn't have any probable cause without a police report. Would you want that kid that never liked you, that always got C's in highschool, that became a cop, deciding your fate?

    I don't think so.

  6. The juries, the judges and their courts are there to ensure the rule of law of the land.Without them our society will be h**l!

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