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| Authored by: Anonymous on Thursday, January 17 2013 @ 12:23 PM EST |
Yes, but remember, 99% of all contracts are fulfilled without a civil lawsuit.
The courts (civil and criminal) are there as a last resort to settle disputes.
Because--most of the people arraigned for crimes _are_ guilty, and everyone
recognizes there's no reason for doubt. The criminal courts are there when
either (1) the accused is so hard-core a criminal that his best bet is gambling
for a mistrial, or (2) the accused is actually innocent of this crime. (These
two situations can occur simultaneously, of course.)
Because of case (1), judges will almost invariably agree with the prosecution
that a convicted criminal should receive a steeper sentence than a confessed
criminal. If this were not so, every accused guilty party would gamble on a
mistrial because the bet would be free.
This is how the prosecutor's statement is so deceptive. The Red Queen could
simultaneously threaten this young man who had harmed no one with 35 years of
hard time (if he continued to assert his innocence) but publicly claim that out
of the generosity of her heart and the warmth of her human feelings she had so
generously, so sweetly, so considerately OFFERED only six months incarceration.[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Thursday, January 17 2013 @ 02:39 PM EST |
> John H. Langbein, Torture and Plea Bargaining
links to
http://www.judicialstudies.unr.edu/JS_Summer09/JSP_Week_4/JS710Wk4.LangbeinToran
dPleaBargtxt.pdf
First page reads
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I hope
you haven't unwittingly sent someone to the gallows...
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