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deep_sea2 t1_j2ahcu4 wrote

> many defendants who insist on going to trial do so because they are innocent,"

I don't necessarily disagree with that. However, if a person is truly innocent, they have evidence to back that up, and fights all the way in every pre trial option available, there is good chance that it won't go to trial. The state does not like to lose, so they don't take cases to trial that they don't think they can win.

What I am saying is that innocent people rarely go on trial. They don't go on trial because if their evidence is good, it won't make it to trial. The legal work exists in the pre-trial. The main reason innocent people go to jail is because they can't afford good legal representation. They can't afford the hundreds of thousands of dollars needed to mount a legal defense. Since they can't afford it, they typically plead out early.

But, sticking to OPs question, juries are rarely hung because of the state is willing to go to trial, they have a dynamite case (most of the time). The state might be wrong, but they appear be right, and so the decision is rather easy for the jury.

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flamableozone t1_j2bhfpc wrote

As a percentage, maybe it's rare, but people who are innocent frequently go to trial - people who are innocent frequently even confess in a plea deal. The idea that innocence will produce evidence is just false.

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