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View Full Version : VOTEMERCED - Policy Recommendation: Court and Legal Reform




AlexMerced
09-28-2010, 07:48 PM
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http://votemerced.blogspot.com/2010/09/policy-recommendation-court-and-legal.html


Problem:

- Due to the sheer amount of court cases that go to court each year it can take year for some cases to go through the court system, which means innocent people may be in the prison system for longer than they need to be which is a cost to the taxpayer but a much larger cost to the innocent

- Due to the amount of rewards that can be sought in class action lawsuits, a lot frivolous cases are brought that create a culture where prices are increased to cover such litigation or sometimes just in fear of it.

- Due to the way liabilities are handled many professionals who should be having their customers best interest at heart like a doctor or broker will shy away from dealing or making appropriate recommendations in fear of litigation.

Solutions:

- Adopt a "Loser Pays" Policy making for the loser of the court case to have to pay for all the costs of the trial, this will encourage people from not bringing frivolous cases to court cause of the cost of being thrown out, and encourage guilty parties not to drag out the process cause the eventual cost of having to pay for it all when said and done.

- allow municipalities to hire private arbitration companies or allow insurance companies to enter arbitration agreements for their policy holders to settle disputes. Allowing more room for private arbitration in legal matter will help lift the burden off the courts, and the competition against arbitration firms will help keep their integrity.

- Restructure what is and isn't a crime simply cover violent crimes, theft, and fraud and exclude all other types of victim less crimes which fill our prisons, and push otherwise innocent people to socialized into criminal culture in the prison system.