# How do countries without plea bargains handle the sheer volume of cases?

**URL:** <https://boards.straightdope.com/t/how-do-countries-without-plea-bargains-handle-the-sheer-volume-of-cases/480753>\
**Category:** Factual Questions\
**Created:** [January 11, 2009, 3:00am UTC](https://boards.straightdope.com/t/how-do-countries-without-plea-bargains-handle-the-sheer-volume-of-cases/480753 "2009-01-11T03:00:35Z")\
**Posts on this page:** 3\
**Page:** 3

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**Author:** ![clairobscur](https://avatars.discourse-cdn.com/v4/letter/c/839c29/32.png) [@clairobscur](https://boards.straightdope.com/u/clairobscur)\
**Post date:** [January 15, 2009, 10:56pm UTC](https://boards.straightdope.com/t/how-do-countries-without-plea-bargains-handle-the-sheer-volume-of-cases/480753/41 "2009-01-15T22:56:36Z")

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> [@Vox\_Imperatoris](#):
>
> Even in America, a prosecutor isn’t supposed to press a case if he really thinks the guy didn’t do it. The prosecution also has to turn over all their evidence to the defense (but not vice versa), so it is definitely adversarial, but it’s rigged against the prosecution.

In the French system, the evidences being gathered by a third party (the investigating judge) both parties have the same access to evidences (though a lawyer can still bring new evidences during the trial).

However, if the American system is rigged against the prosecution during the trial, it’s rigged against the defence during the investigation, since the American prosecutor is backed by the power and means of the state and that his role is solely to prove guilt, without any obligation to search for exculpatory evidences.

\*\* Which leads me to this fucking reform our excuse for a president wants to implement : handing the investigations to the prosecution which will result in the prosecution having the best of both worlds : all powers to find evidences of guilt, and no obligation to actually prove it! And this in the name of protecting the rights of the accused!! I can’t believe they have the balls to say that!!!\*\* And it’s not even what the media mention as an issue with this reform. The problem they see is that the prosecutors, ultimately under the orders of the government will investigate things like corruption cases, instead of the “investigating judges”, who are independent of the executive. \*\* Something I have a fucking issue with too, actually! \*\*

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**Author:** ![alphaboi867](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alphaboi867/32/3898_2.png) [@alphaboi867](https://boards.straightdope.com/u/alphaboi867)\
**Post date:** [January 15, 2009, 10:57pm UTC](https://boards.straightdope.com/t/how-do-countries-without-plea-bargains-handle-the-sheer-volume-of-cases/480753/42 "2009-01-15T22:57:40Z")

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Awhile ago one of our German dopers, **tschild** , did a [thread](http://boards.straightdope.com/sdmb/showthread.php?t=449110&highlight=Sch%F6ffe) on what it’s like to be a lay assesor in German courts (another civil law jurisdiction).

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**Author:** ![pravnik](https://avatars.discourse-cdn.com/v4/letter/p/8edcca/32.png) [@pravnik](https://boards.straightdope.com/u/pravnik)\
**Post date:** [January 16, 2009, 12:14am UTC](https://boards.straightdope.com/t/how-do-countries-without-plea-bargains-handle-the-sheer-volume-of-cases/480753/43 "2009-01-16T00:14:43Z")

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> [@clairobscur](#):
>
> So, it happens in the context of a plea agreement. Since there’s no plea agreement here (except for really minor offences, and even so, only for some years), I assume there’s no “stipulation”, either.

A plea agreement or an open plea, in which the defendant admits guilt but doesn’t want to take the DA’s offer and wants the judge (or more rarely, a jury) to administer punishment.

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