thebigo
Posts: 28301
Joined: 7/14/2007
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quote:
ORIGINAL: Trekgeekscott quote:
ORIGINAL: thebigo quote:
ORIGINAL: Trekgeekscott quote:
ORIGINAL: JC2015 quote:
ORIGINAL: Trekgeekscott quote:
ORIGINAL: JTC2017 Why plead this filth? They should have been able to convict You get them to admit guilt and get them behind bars. Constitutionally they have to offer a plea deal for him. I wish he were thrown in a hole and left to rot... but he has the right to plea bargain No, they do NOT have to offer him a plea deal The plea deal is life with no parole And since there is no chance of a death penalty the guy would refuse and go to trial. That exposes all the victims to having to relive what happened to them. and face cross examination and if they have any thought that he may get good enough lawyers (why would they think a wealthy former athlete would have good lawyers) to get them off (like OJ Simpson did the first time). A Plea deal frees the victims from testifying. It guarantees the scum will be off the street. Now if it is true he will be eligible for parole in 6 years, then I would take that away or hope that parole boards would not let him go. The prosecuting attorney has to weigh the benefits of actually going to trial, and making an offer that will take the scumbucket off the streets and preserve the victims from further psychological stress from facing the rapist who harmed them. I want the guy to disappear as much as you. I am just playing devils advocate wrt plea bargaining. I believe in our Constitution more than almost anything and I will defend the right to plea to a lesser offense so as to spend less time in prison. and right to an attorney, and right to free speech etc etc etc Dude, there's no such thing! The constitutionality of plea bargaining was established by Brady v. United States in 1970,[5] although the Supreme Court warned that plea incentives which were sufficiently large or coercive as to over-rule defendants' abilities to act freely, or used in a manner giving rise to a significant number of innocent people pleading guilty, might be prohibited or lead to concerns over constitutionality.[6] Santobello v. New York added that when plea bargains are broken, legal remedies exist.[7] So yes there is such a thing No there is nothing in the constitution that says defendants have the right to plea to a lesser offense so as to spend less time in prison. "Hey, I know it was 1st degree murder, buuuuuut I'd just as soon plea to say... misdemeanor involuntary manslaughter, time served. Yeah, sure, that's the ticket!" Pretty sure we're all aware that plea-bargaining does exist, and is constitutional. Defendants have no inherent right to it though, it is a right bestowed upon them by the prosecutor.
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