A repository for Marcospinelli's comments and essays published at other websites.

Congratulations, Polanski-Defenders -- Now the Child-Rapist Walks Free!

Wednesday, July 14, 2010

Plea bargains are a lot like bluffing in poker. Prosecutors always overcharge, and defendants frequently agree to plea bargain deals, even those who have committed no crimes, because they become convinced an overzealous prosecutor will be successful and prevail, which can mean a much greater sentence.



This case isn't as cut and dried as you would have people believe.
About Roman Polanski
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Congratulations, Polanski-Defenders -- Now the Child-Rapist Walks Free!

Judges invariably go with a probation department's recommendation -- It is pro forma. According to one study from that time, in the very few times when judges haven't kept to plea bargains, it's been in cases of repeat offenders.



After Polanski was released from Chino, and while waiting for the sentencing hearing, his lawyer learned that the judge was going to renege on the deal.



With ordinary people, non-celebrities, it's generally not a problem because should the plea bargain fall through, the defendant has the right to withdraw the plea and go through with a trial. The public wouldn't necessarily know anything about the case, and any potential jurors wouldn't have heard, "He confessed so he must be guilty! Hang him!" (innocent people confess all the time, difficult as it is for many to believe).



With Polanski, how do you unring that bell?



There was so much wrong with this case, from prosecutorial misconduct to the judge's inappropriate ex parte communications, that to persecute Polanski for thirty+years for a crime that he wouldn't have done any time for had he been Roman Smith is really all about distracting the masses, bread and circuses.
About Roman Polanski
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Congratulations, Polanski-Defenders -- Now the Child-Rapist Walks Free!

Your understanding of the American criminal justice system is all turned around.



To begin with, learn the lingo. Once someone pleas out and that plea is entered (into judgment, by a judge in a courtroom), that's a conviction.



Our system of criminal justice doesn't require ANY sort of punishment.



Polanski entered into a deal (probation for a guilty plea to unlawful sex with a minor) that was standard at that time for that act, providing that he was determined not to be an MDSO (Medically Disordered Sex Offender).



By law, a psychiatric evaluation was required in offenses with minors under 14 years of age to determine if the offender is an MDSO. That was separate from, but part of the presentence report given to a judge at the sentencing from a probation department.



Polanski was sent to Chino State Prison for a psychiatric evaluation, to be completed within 90 days. If Polanski had been determined to be an MDSO, he would have been kept the entire 90 days, at which time he would have been transported to the court for sentencing. The evaluation determined that he wasn't an MDSO, and he was released from Chino.



KEEP READING
About Roman Polanski
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Is it Worse to Be a Racist or a Rapist? What Gibson, Brown and Polanski Teach Us

Tuesday, July 13, 2010

Wrong answer.



These are both legal terms, with specific definitions. And you might want to think this through very carefully before you cloud the issues in this case and the language describing these acts.
About Roman Polanski
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Steny Hoyer: Democrats Will Run Against Bush's Record In 2010 And Win


You don't refuse to investigate and prosecute Bush-Cheney, Rumsfeld, Rice, Feith, Addington, Bybee, Yoo, et al, continue just about all of their policies, and then get to run against their records and legacy.
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Congratulations, Polanski-Defenders -- Now the Child-Rapist Walks Free!

It's bad enough that HuffPo published this article, with a salacious (and libelous) headline, but to edit reaction by censoring comments adds insult to the injury.



How is the elimination of comments that express opinions & ideas with which the moderators may not agree defendable by a publisher who criticizes the media regularly for not expressing ideas that conform with her beliefs?
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Congratulations, Polanski-Defenders -- Now the Child-Rapist Walks Free!

That would be a tragedy for in America, to have our criminal justice system so corrupted that comments like yours, beliefs such as yours, accepted and acceptable.



Samantha Geimer's father wouldn't have. He didn't want Polanski in prison, and supported the plea deal. In fact, the father (a lawyer) lobbied for the deal.



I'm giving you the benefit of doubt, that you really know nothing about this case or the parties involved.
About Roman Polanski
Read the Article at HuffingtonPost

Read more...

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