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David Friedman - What Does Law Have To Do With Economics?

The Curious Task

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How to Avoid a Jural Trial

In practice, what you are getting is not a jury trial. There's an obvious incentive on the prosecutor to set as many possible charges has any chance at all of getting so as to raise the cost of going to trial. The use of torture in mediaeval criminal procedures came from their unwillingness to convict innocent people. If you were innocent, you asked for the ordeal, and if you were guilty, you went through a different path of the justice system which there was no ordeal.

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