I've been to Germany lots of times and personally know a German judge, but I don't know much about their legal system, so I can't comment on the article from independent knowledge. Certainly the plea bargaining system in the US is a disaster. The author downplays the case load as a major reason the US uses it so much, but I think it has to be the principal reason.
The article talks about expressing remorse as a mitigating factor but doesn't think it's much of a problem. People who are innocent, though, get punished more severely unless they falsely confess and fake remorse for what they didn't do. This is a problem in the US system and sounds as if it must be a problem in the German system as well.
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zvi and
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Date: 2018-08-09 09:26 pm (UTC)The article talks about expressing remorse as a mitigating factor but doesn't think it's much of a problem. People who are innocent, though, get punished more severely unless they falsely confess and fake remorse for what they didn't do. This is a problem in the US system and sounds as if it must be a problem in the German system as well.
IANAL, of course.