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Author Topic: Things that made you go "WTF?" today o_O  (Read 14985975 times)

GlyphGryph

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Re: Things that made you go "WTF?" today o_O
« Reply #28470 on: March 07, 2013, 01:37:21 pm »

Plea deals are basically one of the worst things to ever happen to the justice system, imo.

It's a modern day version of the inquisition, where they promise your suffering will be over quicker if you just confess already and make their job easier (doesn't matter if you DID it, just confess!)
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Truean

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Re: Things that made you go "WTF?" today o_O
« Reply #28471 on: March 07, 2013, 01:41:51 pm »

Your point of view is, respectfully, oversimplifed. The real world is far more complex.

It also benefits people who didn't do the crime, but who have little or no practical way to prove they didn't do it/don't want to risk having a jury take a crack at it. Juries are fickle things out for blood, who watch the news and listen to politicians blaming everything on people "getting off" in the courts.... Juries also seem to not like personal injury cases as much anymore due to this crazy notion of "personal responsibility," which has nothing to do with an accident that statistically will happen to somebody.... Criminally, juries often have even less sympathy. People do "othering." "Othering," is where people place themselves on a petastool and look down on everybody else, juries are made up of people.... Do you see where I'm going with this?

The prosecution has: practically unlimited resources including the federal government to fall back on.
The defense has: practically no resources by comparison....

Forgetting that, there are some people the jury is just more likely to believe regardless of the truth or falsity of their statements. Do you stutter? Is the person saying you did it physically attractive? Are they well spoken and well dressed whereas you are not? Are they more organized? Is the person testifying against you a police officer and therefore likely to be believed any time.... Are there photographs or the lack of them?

"Making a deal" is a good alternative, keyword, "alternative."

You always have a choice, namely, you can go to trial.

If you take the trial, you're betting all in, you get nothing or hit harder.
If you take the plea, you're cutting it somewhere in the middle of all that.

The travesty is a criminal justcie system that operates on punishment rather than fixing the problem where possible/restitution/rehabilitation.

What's that? Something was stolen from you? Well we aren't so sure about getting it back for you or having you repaid for it, but we'll send the person who stole it to prison. No that won't get your stuff back or the money to replace it.... Problem not solved....
« Last Edit: March 07, 2013, 01:46:43 pm by Truean »
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The kinda human wreckage that you love

Current Spare Time Fiction Project: (C) 2010 http://www.bay12forums.com/smf/index.php?topic=63660.0
Disclaimer: I never take cases online for ethical reasons. If you require an attorney; you need to find one licensed to practice in your jurisdiction. Never take anything online as legal advice, because each case is different and one size does not fit all. Wants nothing at all to do with law.

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Neonivek

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Re: Things that made you go "WTF?" today o_O
« Reply #28472 on: March 07, 2013, 01:47:16 pm »

Quote
It also benefits people who didn't do the crime, but who have little or no practical way to prove they didn't do it/don't want to risk having a jury take a crack at it

Oddly enough it especially doesn't help the person in that case as it prevents an appeal and a bunch of other legal issues.

Unless there is a risk of a death sentence going through the trial is still the better option. Possibly while also pleeing "No contest" to mitigate the sentence somewhat.
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Truean

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Re: Things that made you go "WTF?" today o_O
« Reply #28473 on: March 07, 2013, 01:49:37 pm »

An appeal? Really?

If they have little or no practical way to prove they didn't do it in one court, then how do they have any way to prove they didn't do it in another court? Also, they'd have to prove to the appellate court that the trial court did something wrong, good luck with that.
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The kinda human wreckage that you love

Current Spare Time Fiction Project: (C) 2010 http://www.bay12forums.com/smf/index.php?topic=63660.0
Disclaimer: I never take cases online for ethical reasons. If you require an attorney; you need to find one licensed to practice in your jurisdiction. Never take anything online as legal advice, because each case is different and one size does not fit all. Wants nothing at all to do with law.

Please don't quote me.

Neonivek

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Re: Things that made you go "WTF?" today o_O
« Reply #28474 on: March 07, 2013, 01:53:46 pm »

Quote
If they have little or no practical way to prove they didn't do it in one court, then how do they have any way to prove they didn't do it in another court?

New evidence, new technology, new witnesses.

If you made a deal and someone just proved you couldn't have possibly done it. You go to jail. In fact I believe the only way out of jail would be a pardon issues by the mayor (except possible even then you cannot. Since deals superscede a lot of laws)

It is why "Bullying people into taking a deal" is a genuin issue with deal making and why inexperienced lawyers can be an extreme liability.
« Last Edit: March 07, 2013, 01:55:57 pm by Neonivek »
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Korbac

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Re: Things that made you go "WTF?" today o_O
« Reply #28475 on: March 07, 2013, 01:55:25 pm »

Quote
Forgetting that, there are some people the jury is just more likely to believe regardless of the truth or falsity of their statements. Do you stutter? Is the person saying you did it physically attractive? Are they well spoken and well dressed whereas you are not? Are they more organized? Is the person testifying against you a police officer and therefore likely to be believed any time.... Are there photographs or the lack of them?

JUSTICE AT IT'S FINEST!
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Neonivek

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Re: Things that made you go "WTF?" today o_O
« Reply #28476 on: March 07, 2013, 01:57:08 pm »

Too bad once again that deals are not flat rate. They are altered by how clear it is that you are guilty.

And if you are guilty beyond a doubt the procecution can even not issue ANY deal.
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Truean

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Re: Things that made you go "WTF?" today o_O
« Reply #28477 on: March 07, 2013, 02:00:12 pm »

I don't like it anymore than you do actually. It is an imperfect system from and for an imperfect world.

Deals are altered upon the perception, not of guilt or innocence, but upon how strong the individual prosecutor believes their ability to prove the elements are. That is, basically, a gross oversimplification. Several factors go into it.

It's the best we can manage currently. Flawed? Yes.
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The kinda human wreckage that you love

Current Spare Time Fiction Project: (C) 2010 http://www.bay12forums.com/smf/index.php?topic=63660.0
Disclaimer: I never take cases online for ethical reasons. If you require an attorney; you need to find one licensed to practice in your jurisdiction. Never take anything online as legal advice, because each case is different and one size does not fit all. Wants nothing at all to do with law.

Please don't quote me.

MetalSlimeHunt

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Re: Things that made you go "WTF?" today o_O
« Reply #28478 on: March 07, 2013, 02:00:49 pm »

The odds don't matter, it's immoral to plead guilty to a crime you didn't commit. If people didn't do that this wouldn't even be an issue.
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Truean

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Re: Things that made you go "WTF?" today o_O
« Reply #28479 on: March 07, 2013, 02:03:56 pm »

I a perfect world, you'd be correct. This is not a perfect world, far from. (Did you notice that of all lines to have a mistake in it, it was the line that was supposed to be "In a perfect world..."?)

If there is a real risk of a jury finding and a judge imposing a far, far harsher sentence, then it should at least be considered.

I wouldn't mind having a ton of trials instead of pleas, and not just because I'd make more.... Not practical in terms of resources and risks.... :(
« Last Edit: March 07, 2013, 02:06:08 pm by Truean »
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The kinda human wreckage that you love

Current Spare Time Fiction Project: (C) 2010 http://www.bay12forums.com/smf/index.php?topic=63660.0
Disclaimer: I never take cases online for ethical reasons. If you require an attorney; you need to find one licensed to practice in your jurisdiction. Never take anything online as legal advice, because each case is different and one size does not fit all. Wants nothing at all to do with law.

Please don't quote me.

The Darkling Wolf

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Re: Things that made you go "WTF?" today o_O
« Reply #28480 on: March 07, 2013, 02:05:59 pm »

At least we don't have trial by combat any more. Strange how many criminals were frail sickly people, and how rare it was for a large bulky fucker to be guilty of anything.
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MetalSlimeHunt

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Re: Things that made you go "WTF?" today o_O
« Reply #28481 on: March 07, 2013, 02:11:22 pm »

If there is a real risk of a jury finding and a judge imposing a far, far harsher sentence, then it should at least be considered.
There's a real risk your plea deal goes to a hanging judge anyway. There's also the possibility that presenting your case might get you leniency even if you're found guilty. There's no telling until it happens.

Sometimes you lose, and lose big, but if you're really innocent that is never an excuse not to try.
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Quote from: Thomas Paine
To argue with a man who has renounced the use and authority of reason, and whose philosophy consists in holding humanity in contempt, is like administering medicine to the dead, or endeavoring to convert an atheist by scripture.
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MonkeyHead

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Re: Things that made you go "WTF?" today o_O
« Reply #28482 on: March 07, 2013, 02:13:08 pm »

At least we don't have trial by combat any more. Strange how many criminals were frail sickly people, and how rare it was for a large bulky fucker to be guilty of anything.

It was worse if you weighed the same as a duck.

penguinofhonor

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Re: Things that made you go "WTF?" today o_O
« Reply #28483 on: March 07, 2013, 02:16:01 pm »

At least we don't have trial by combat any more. Strange how many criminals were frail sickly people, and how rare it was for a large bulky fucker to be guilty of anything.

If Game of Thrones has taught me anything, it's that everyone has a cool knight dude handy if they're frail or sickly.
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GlyphGryph

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Re: Things that made you go "WTF?" today o_O
« Reply #28484 on: March 07, 2013, 02:17:38 pm »

way to prove they didn't do it

If this is even a sentence that is honestly uttered, its a sign something is going terribly, terribly wrong.

But seriously, you're addressing a different issue than me. It's a classic prisoners dillema - Yes, individuals are often better off taking a plea deal, since it allows them to avoid the worst case scenario. But we are ALL worse off for the option even existing. It's an incredibly powerful perverse incentive that warps the whole environment it's built around. And it stems from the same source as the other problem you're bringing up, which is ultimately incredibly simple.

We want a top-tier justice system, but we don't want to pay for it, so we take corrupting shortcuts that destabilize the whole foundation said system is based on.
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