• litchralee@sh.itjust.works
    link
    fedilink
    English
    arrow-up
    7
    ·
    edit-2
    22 hours ago

    Supposing that any change did materialize, it is a bedrock principle of legal procedure to not change substantially just because the outcomes have noticeable changed. That is to say, if there was anything like a sudden drop in conviction rates, it would be improper for the judges, appellate justices, and defense and prosecuting attorneys to do anything different than what they would have done prior. That’s kinda the point of having a procedure: to follow it and see what happens, accepting the result of turning the cogwheels.

    The path to making such changes would have to be done legislatively, since – at least in the USA/California – that’s how changes to the law and civil/criminal procedure are made. Sure, entities like the Judicial Council of California would be making recommendations, but it’s on the Legislature to evaluate the problem and implement any necessary changes.

    Law without procedure would just be decrees, wayward and unprincipled.