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Thread: So...Roman Polanski.

  1. #21
    NOT TO BE FUCKED WITH Uncle Mxy's Avatar
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    Quote Originally Posted by Tahoe
    Mandatory sentences for child rapists.
    That only works when a prosecutor chooses to charge for rape. The charge that Polanski was plea bargaining to was relatively minor.

    There's an awful lot of discretion that a prosecutor has on what to actually prosecute. Perhaps there's too much. We have lots of prosecutors throwing charges at all levels simply to find something that will "stick" and (in many cases) as a mechanism to coax or calibrate a plea deal.

    Quote Originally Posted by Fool
    It's not outside of a judge's power to set aside a plea agreement.
    If a judge sets aside a plea bargain, should they permit the defendant's plea to be withdrawn?

  2. #22
    A person who tells lies. Tahoe's Avatar
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    Quote Originally Posted by Uncle Mxy
    That only works when a prosecutor chooses to charge for rape. The charge that Polanski was plea bargaining to was relatively minor.

    There's an awful lot of discretion that a prosecutor has on what to actually prosecute. Perhaps there's too much. We have lots of prosecutors throwing charges at all levels simply to find something that will "stick" and (in many cases) as a mechanism to coax or calibrate a plea deal.


    If a judge sets aside a plea bargain, should they permit the defendant's plea to be withdrawn?
    If the prosecutor doesn't charge for rape in a case like this, his/her ass should go to prison along with the perp
    Players meeting my ASS!

  3. #23
    Quote Originally Posted by Uncle Mxy
    If a judge sets aside a plea bargain, should they permit the defendant's plea to be withdrawn?
    I don't know but defendants should be told they are "bargaining" for a recommendation from the prosecutor. Judges are the one's sentencing them in these cases even if they do take the prosecutor's recomendation.
    STEW BEEF!

  4. #24
    NOT TO BE FUCKED WITH Uncle Mxy's Avatar
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    It depends on how you define "rape".

    Here's a recent local case of relatively minor sexual deviancy -- indecent exposure. Lots of people are praying for the guy to get life imprisonment over this because he raped someone and got away with it. They're doing everything they can with a relatively minor crime to compensate for past legal failings, rather than address the legal failings or accept as necessary.

    http://www.macombdaily.com/articles/...0006486110.txt

  5. #25
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    Sounds kinda like OJ.
    Find a new slant.

  6. #26
    A Great Name Timone's Avatar
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    Wasn't this guy involved in the Miner deal?

  7. #27
    Quote Originally Posted by Uncle Mxy
    If a judge sets aside a plea bargain, should they permit the defendant's plea to be withdrawn?
    The judge gives the thumbs up/down on the plea deal before any plea is entered so that wouldn't be an issue.

  8. #28
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    Quote Originally Posted by geerussell
    The judge gives the thumbs up/down on the plea deal before any plea is entered so that wouldn't be an issue.
    That depends on the nature of the plea bargain. If the plea bargain involves a fixed sentence, sure a judge is involved. If it just involves _charges_, that's not true at all. That's why the judge may ask questions about being coerced, why the defendant would have to explicitly withdraw a plea, etc. Remember, judges have a lot of better things to do, and certainly don't have to talk with attorneys over plea bargains.

    The reality in many cases is that a judge can sentence you to any amount of time they damn want. Plea down the charges, and the judge doesn't like, and poof -- you can get 30-to-life for a crime where 1-2 years is the sentencing guidelines. A whole lot of plea deals involve a "wink and a nod" (a.k.a. prosecutor recommendation) to a judge who may not care at all, sometimes for valid reasons (sentence too light) and sometimes because they just don't like the defendant (too Jewish).

    Remember, even if you're innocent, you don't necessarily know what sort of evidence the prosecution has, and you might be offered a considerably good plea deal. Do you take the probable light sentence of 90 days, or gamble on "maybe no sentence (after months of the legal system) vs. 25-to-life"? For some types of crimes, proving a negative can be hard (e.g. was the sex consensual vs. rape?).

  9. #29
    I'm not suggesting the judge sits down and talks with the lawyers when the deal is being negotiated. What does happen though is at the moment in the courtroom when it's time for the defendant to enter a plea, the judge is going to have the plea agreement sitting in front of them and look at the terms. If a judge thought the deal was too light, that would normally be the time when the objections were made known, not "Surpise! 30-life" at sentencing.

    I understand that there is always the possibility for a rogue judge or prosecutorial misconduct and don't mean in any way to minimize how awful it is when people get abused by the system, falsely accused, wrongly imprisoned or even executed. Hopefully you have enough transparency and accountability in the system to weed out the bad actors but it's never going to be perfect.

    To me the alternative, statutes and mandatory sentences that tie a judge's hands or circumvent the court system entirely with administrative punishments is worse. I'd much rather err on the side of including the human factor with a good degree of latitude than rigid statutory automation.

  10. #30
    Quote Originally Posted by geerussell
    If a judge thought the deal was too light, that would normally be the time when the objections were made known, not "Surpise! 30-life" at sentencing.
    The judge doesn't make objections, the judge makes the sentence. In most cases he's not legally bound to accept the plea bargain and the defendant's admission of guilt is still valid even if he does not.
    STEW BEEF!

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