Plea Bargaining Run Amok

[bad hammy]

Guy gets 20 years for raping a 4-year-old repeatedly over a four month period, with 19 years suspended. Net one year of jail time.

http://www.transworldnews.com/NewsStory ... 290&cat=14

[gm]

Let's see if that 61-year-old satan survives one year in general pop...

[Pego]

“Some people think I could have given a different sentence, and I couldn’t,” says Bartheld. “In any plea bargain, where there is a negotiated plea, the court can’t change it.”

In one episode of Law and Order the judge threw out the plea bargain. Was that erroneous, is this judge full of it, or does it differ from state to state. Law dudes?

[lonewolf]

There was similar case in NW Oklahoma a few years ago involving a pastor. As I recall, the perp survived less than a week in prison before having a mysterious fatal accident. .Nobody knew nuthin.

[SQUACKEE]

A guy scuba diving with his new bride held her underwater in a bear hug as he turned off her oxygen, when she died he turned it back on and let her drop to the ocean floor, and swam to the surface. He pleaded down and recieved.......drum roll plez.......ONE YEAR!

[Law dude]

“Some people think I could have given a different sentence, and I couldn’t,” says Bartheld. “In any plea bargain, where there is a negotiated plea, the court can’t change it.”

In one episode of Law and Order the judge threw out the plea bargain. Was that erroneous, is this judge full of it, or does it differ from state to state. Law dudes?

This law dude has never been a criminal lawyer, so I can't help you much. I've always thought judges had the discretion to disregard a plea bargain. Wikipedia thinks so, too.

Plea bargains are subject to the approval of the court, and different States and jurisdictions have different rules.

http://en.wikipedia.org/wiki/Plea_bargaining

[lonewolf]

The sleaze's daughter has now come forward saying she was repeatedly raped by her father when she was a child but was afraid to tell because he trheatened to take her away from her grandmother, with whom she was living, and make her come live with him..
They should put this creep on Death Row... or, it would be quicker and less expensive to just put him in the general population at McAlester(State Pen)

[Pego]

The sleaze's daughter has now come forward saying she was repeatedly raped by her father when she was a child but was afraid to tell because he trheatened to take her away from her grandmother, with whom she was living, and make her come live with him..
They should put this creep on Death Row... or, it would be quicker and less expensive to just put him in the general population at McAlester(State Pen)

I knew a family (professionally), where the SOB impregnated three generations. His wife, daughter(s), granddaughter(s). So, he was to some of them a father, grandfather, great-grandfather. Finally he was caught and Wisconsin has sensibly sentenced him to life. It was quite a few years back, I doubt, he'd still be alive.

[guru]

As expected, there's more to the story.

No DNA evidence, and the girl was determined to too immature to testify. Just about any prosecutor would have been sweating on this one.

http://www.usatoday.com/news/nation/200 ... ence_N.htm

[Bruce Kritzler]

And then there's 30 days(?) for Donte Stallsworth after DUI and killing a guy with his car, in Miami.

[jazzcyclist]

And then there's 30 days(?) for Donte Stallsworth after DUI and killing a guy with his car, in Miami.

The thing to remember is that the pedestrian caused the accident, not Stallworth. Stallworth didn't pass out at the wheel, didn't run a stop sign or red light and didn't lose control of his vehicle. It was the pedestrian who ran out in the middle of traffic on a major boulevard in order to try and catch a bus. His blood alcohol level was 0.12%, and that's what did him in, because if he had been at 0.08%, I doubt that he would have charged at all. The bottom line is that even if you get rear-ended while sitting at a red light, you'll get charged if you're drunk and the person that rear-ended you dies.

[SQUACKEE]

And then there's 30 days(?) for Donte Stallsworth after DUI and killing a guy with his car, in Miami.

The thing to remember is that the pedestrian caused the accident, not Stallworth. Stallworth didn't pass out at the wheel, didn't run a stop sign or red light and didn't lose control of his vehicle. It was the pedestrian who ran out in the middle of traffic on a major boulevard in order to try and catch a bus. His blood alcohol level was 0.12%, and that's what did him in, because if he had been at 0.08%, I doubt that he would have charged at all. The bottom line is that even if you get rear-ended while sitting at a red light, you'll get charged if you're drunk and the person that rear-ended you dies.

Jazz is correct again! Even if your driving better than anyone who's ever lived and some sober idiot runs a light and hits you, its your fault! Doesn't seem right to me. Give the drinker a DUI but not responsible for the accident.

[Bruce Kritzler]

Maybe if he wasn't drunk, he would have seen the pedestrian run into the street, and stopped or avoided him?

[wineturtle]

Got 30day in slammer,10yrs probation- nobooze on probation must submit to urine tests,frist 24 months on house arrest and life long driving ban.

[SQUACKEE]

Maybe if he wasn't drunk, he would have seen the pedestrian run into the street, and stopped or avoided him?

Great point Bruce.