Archived Defendants, Not Their Attorneys, Should Decide Whether to Admit Guilt (fee.org)
submitted ago by daskapitalist
Posted by: daskapitalist
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Archived on: 2/24/2018 10:00:00 AM
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Archived Defendants, Not Their Attorneys, Should Decide Whether to Admit Guilt (fee.org)
submitted ago by daskapitalist
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[–] fusir 0 points 1 point 1 point (+1|-0) ago (edited ago)
Defendants do. The problem is differential sentencing of those who admit guilt is equivalent to compelling you to testify against yourself.
Let's say you have up to 3 charges of something which with progressive sentencing could get you 30 years. Jurry's tend to not understand sentencing guidelines and so typically give out the max. Or you can plead to one count even if the case was not open shut and have max of five years but because the judge understands sentencing guidelines and your case isn't open shut is more likely to give you on the lower end of the six month to two years guideline.
This situation is functionally equivalent to had you had sentences at a more reasonable level to begin with and then made a law that you must testify against yourself or receive 30 years for failing to do so. They should have to try everyone. The current status leads to less prosecutorial discretion because it's worth bringing nearly any case because they will be found guilty, not because of their guilt but because they can't gamble with 30 years of their life.
[–] daskapitalist [S] 0 points 1 point 1 point (+1|-0) ago
The whole idea of different sentences for guilty pleas and plea bargains is cancer. The only difference for guilty pleas should be to expedite the trial (e.g. so defendants can choose not to drop money on legal fees for unwinnable cases).
[–] carlip ago
An attorney is working for you. If they want to pull some shit like this fire them and ask for a retrial, and I say retrial because you damn well should not be taking plea deals.
[–] daskapitalist [S] ago
Reasons to take plea deals: trivial offenses where the legal defense is more costly than the punishment, like parking tickets. Not murder cases.
[–] fusir ago (edited ago)
Plea deals are to your advantage. They engineer them to be that way. They aren't to society's advantage because it is a miscarriage of justice to compel people to testify against themselves because of differential sentencing, but now that the unfair game is in play, for the individual it makes sense to do.