It embodies our administrative state, an epiphenomenon of a serious disease of the legal system.
First, the U.S. legal system has gone berserk.
The cost is magnified because prosecutors and regulatory agencies often eschew closure, stretching out proceedings to increase financial and psychological pressure on the targets.
Fourth, prosecutors love what are called "Process offenses," new crimes committed in the course of the investigation.
Seventh, the system leaves the protection of the citizenry up to the good faith of the prosecutors.
One indication of the extent of the problem can be found in a law journal article in 2006 that discussed prosecutors' compliance with their duty to inform a defense of exculpatory evidence.
If a skate-the-line approach goes unchallenged by the courts and leads to success in some weird legal Gresham's law, these personality traits become ever more dominant.
Eighth, the system has morphed into a cash cow for progressive organizations.
Individual lawyers represent their clients zealously within the system as it exists, but the economic interests of Big Law as an institution align with those of the prosecutors, not the clients.
The list of these malformations of the legal system is depressing, and given their power, it is hard to see how to reform.
The Mueller investigation and the reactions to it hold out at least a ray of hope.
http://thefederalist.com/2018/05/21/9-ways-muellers-investigation-epitomizes-legal-system-crisis/
First, the U.S. legal system has gone berserk.
The cost is magnified because prosecutors and regulatory agencies often eschew closure, stretching out proceedings to increase financial and psychological pressure on the targets.
Fourth, prosecutors love what are called "Process offenses," new crimes committed in the course of the investigation.
Seventh, the system leaves the protection of the citizenry up to the good faith of the prosecutors.
One indication of the extent of the problem can be found in a law journal article in 2006 that discussed prosecutors' compliance with their duty to inform a defense of exculpatory evidence.
If a skate-the-line approach goes unchallenged by the courts and leads to success in some weird legal Gresham's law, these personality traits become ever more dominant.
Eighth, the system has morphed into a cash cow for progressive organizations.
Individual lawyers represent their clients zealously within the system as it exists, but the economic interests of Big Law as an institution align with those of the prosecutors, not the clients.
The list of these malformations of the legal system is depressing, and given their power, it is hard to see how to reform.
The Mueller investigation and the reactions to it hold out at least a ray of hope.
http://thefederalist.com/2018/05/21/9-ways-muellers-investigation-epitomizes-legal-system-crisis/
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