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> would be hyper-cautious

That's a desirable effect. Your argument is the very reason the 5th amendment exists. Making it easier to find someone guilty is a BAD thing, not a good thing.



The goal should be truth. Otherwise the easiest way to make it hard to find someone guilty is to make it only confessions under no duress are admissible.

And the hyper-cautious effect isn’t because of fear of getting it wrong. It’s fear of retaliation whether right or wrong.


No one would take the job first. Being a public servant is already pretty thankless and doesn’t pay very well. Second, if they did take the job, they wouldn’t do anything, since the consequences of being wrong are so high, why take the chance? Public opinion would then flip the other way, and they are either a wheat stalk flowing with the wind or they quit.


I agree! I don't want it to be easier. But I think parent comment's proposal would result in almost no convictions, even in crystal clear cases. Please read my comment more carefully instead of assuming I'm saying something I'm not.




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