this post was submitted on 28 Apr 2025
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The criminal court system in the US seems incredibly unjust and results in the criminalization of many activities which ought to be basic rights. It railroads innocent and completely functioning people into the morally bankrupt prison system where they are put into dehumanizing circumstances and extreme scrutiny that gives prison authorities more excuses to add charges and prison time, continuing the cycle further.

"Defendants" - itself a backwards term in the context of presumption of innocence - are unable to defend themselves using their own brains, knowledge and skills because of the incredibly confusing and non-intuitive procedure and rules in the court. Unless they are a lawyer themselves, they must either hire or be assigned a professional by the court to work on their behalf, but those lawyers often have incentives that stop them from fully embracing the defendant's interests. For example the lawyer knows she must return to the court and work with the same judge and possibly the same prosecutors again, and therefore she wants to make sure she appears professional and makes arguments that are acceptable by court standards. Lawyers will often tell their clients that either the client goes along with the plan set by the law team or they find a new team to represent them, which results in a loss of agency for the client who may be facing decades in jail and never gets a chance to actually voice their opinion.

Judges, lawyers, court staff and police work closely together and form personal bonds that can often work against the defendant. Judges can make sweeping judgements in lower courts and bench trials based on pure opinion. Judges and even juries are legally allowed to be biased against defendants for actions in court that has nothing to do with the charges.

This is just a few things I've noticed from watching trials, but it is difficult to find any other opinions on these topics, at least on the internet, because it seems to be so skewed in favor of the court system. I cannot find much of anything offering the sort of criticisms that I've offered above in printed format. I'm open to the idea that I've just completely misunderstood and that these things are somehow fair, but I'm just not seeing it. Please tell me if you disagree with anything I've said and explain why because I want to understand why this is considered justice.

Have any Marxists written about similar topics? What would a good socialist "justice system" look like? Are there / were there socialist countries that have decent models? What differences would Marxists ideally want to implement to change the criminal court system? Would they abolish it altogether, and if so, what stage of communism would that occur?

Any thoughts you have are appreciated. Thanks

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Paid lawyers should not be a thing. Everyone should be receiving lawyers that have the same level of resources, training and schooling provided to them.

Judges should not only be ivy-league background people. Common people should just as easily be able to become judges.

Paid bail systems should not exist.

Juries should actually be a diverse range of people, and not just white boomers who happen to have the day off.

[โ€“] CarlMarks@lemmygrad.ml 4 points 2 weeks ago

Marxism in genetal criticizes the bourgeois legal system with broad strokes and fairly general critiques. The details of what shoild be changed are left for a socially specific development. The changes most needed in a post-revolution previously neocolonized society whose focus is on national liberation and surviving immediate counter-revolution will be different from those of a more developed country, especially one with an older revolution and more stable position. And, of course, the specifics of their own societies and histories.

So, for example, we know that the bourgeois court system developed as a means by which bourgeois can work out or create disputes without just hiring people to kill their targets (they still do that anyways under various circumstances of course). It follows from a fusion of state and bourgeois interests, wherr larger bourgeois interests collude to make the state follow their broader needs, including haute bourgeoisie not getting killed in the streets. Ultimately, they are just an extension if the bourgeoisie state that selectively enforces the policies it creates using rules and customs that were previously established for the short-term needs of prodit, generally reacting to oppositional social forces to either crush or coopt them.

The beauty of revolution is that we get to craft a better system in response to the ongoing problems that fomented revolution. Usually, we should expect the new system will look similar to the old, but adapted to the revolution. For example, the current legal system favors mass of capital at all stages by simply overwhelming your target with the number and quality of lawyers you can hire. A revolutionary state might, for example, limit the number of lawyers you are allowed to hire for such situations and cap their compensation. This would of course be insufficient buy it is the kind of thing that you could imagine coming down the pipeline of a state run by workers and not he bourgeoisie.