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Well as I understand the article argues that all of this happens before the jury has any say? So you are talking of a separate problem?


Well anything that increases the prosecution's chances of winning a case will increase their power in plea bargaining as well.


The prosecution doesn't really fear losing a case. If the prosecution actually lost more cases that went to trial they would be far less aggressive when seeking plea bargains.


Wouldn't this make them more aggressive when seeking plea bargains? As they /really/ don't want to go to trial for fear of losing the case?




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