The criminal prosecution sets the standard of performance for all trial advocacy: 75% success rate.
1) The prosecutors are recent law graduates with little experience.
2) They get paid a low wage.
3) They carry dozens of cases at a time, if not hundreds.
4) Their research budgets for each case have 4 numbers if lucky.
5) The defendant has no morals, and is strongly motivated to evade punishment.
6) Their lives get threatened.
7) Their charges contain more elements.
8) The burden of proof is higher than in other actions, beyond a reasonable doubt.
9) Every element must be shown to have been intentionally done.
10) The element and the intent must be proven beyond a reasonable doubt.
Any other type of court not meeting the 75% rate of success for the plaintiff implies a subpar performance of the judge. The judge has allowed poor performance by the plaintiff side. If the rate of verdicts favoring the plaintiff falls below 75% over two years, the judge should be removed by the administrative judge automatically.
2 years ago