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Old 09-28-2010, 04:50 AM
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Drox Drox is offline
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Default Why do we allow those standing trial to plea one way or another?

Why does it matter what the defendant pleas? What significance does that have?

The judge/jury are going to look at the evidence, and go from there.

Someone can plead guilty, and if the evidence shows they're not guilty, they'll be free and their plea made no difference to the case.

Alternatively, someone can plead not guilty, and if the evidence shows they ARE guilty, they'll be punished accordingly, and them pleading not guilty made no difference to the case.

So why does the accused get to plea? Seems kinda pointless.
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Old 09-28-2010, 04:55 AM
Cito Cito is offline
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Default Re: Why do we allow those standing trial to plea one way or another?

no if they plead guilty there is no more trial, the trial is skipped and moves directly to sentencing.

also some can plead guilty or no contest when working with a plea deal.

I was arrested for disorderly conduct, domestic violence, assault and simple battery for getting into fight with brother in law at the local mall after pushing me when I had my newborn son in my arms.

I tried my best to get self defence but it didnt work. I pleaded no contest since the prosecution offered just domestic violence which is mandatory under Georgia law for any family violence (new law supposed to help against women but it hurts even male family violence)

so by pleading no contest they dropped all the other charges and there was no trial, I was given 1 year probation, 3000 dollar fine, and 6 months anger management but after paying the fine and good behavior after 3 months I was released from probation.

since it was a first offense after 7 years I was able to file a request to have it removed from my record and I got form back that it was expunged... but yea I trust that har har

anywho yea

pleading guildy / no contest skips a trial



edit to add: Yes I might have won in a jury trial for self defence, but being broke, and lawyer said it would cost an additional $5000 dollars in attorney fees to take it to trial, and if I lost I would also have to pay additional court fees for the trial, only if I won would I only have to pay the attorney 5000 bucks. So then I was 22 in college and broke as hell, with bad credit already from a bank loan I defaulted on so I couldnt get the 5 grand so I copped the plea deal

Last edited by Cito; 09-28-2010 at 04:58 AM.
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Old 09-28-2010, 04:56 AM
patton patton is offline
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Default Re: Why do we allow those standing trial to plea one way or another?

Well for one thing it adds some speed to the already extremely lengthy legal process. If a party pleads guilty, and the prosecution and judge accept the plea, then there is no trial and the case proceeds immediately to sentencing. Why make people who will plead guilty to their crimes go through a trial?
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Old 09-28-2010, 05:03 AM
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Default Re: Why do we allow those standing trial to plea one way or another?

So what if someone pleads guilty, yet there is an overwhelming amount of evidence that proves their innocence? The courts will skip the trial just because they plead guilty? That doesn't seem fair.

People can be emotionally sensitive after having gone through certain things and being accused of whatever. They may not be able to think clearly or they themselves may not be aware of all the circumstances that surrounded whatever crime they're being accused of. So this whole skipping trial thing seems a bit suspect to me (no pun intended).
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Old 09-28-2010, 05:25 AM
patton patton is offline
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Default Re: Why do we allow those standing trial to plea one way or another?

Quote:
Originally Posted by Drox View Post
So what if someone pleads guilty, yet there is an overwhelming amount of evidence that proves their innocence? The courts will skip the trial just because they plead guilty? That doesn't seem fair.

People can be emotionally sensitive after having gone through certain things and being accused of whatever. They may not be able to think clearly or they themselves may not be aware of all the circumstances that surrounded whatever crime they're being accused of. So this whole skipping trial thing seems a bit suspect to me (no pun intended).
No. Often times in cases like this, either the judge or the prosecution will not accept a guilty plea/confession. But in a case where it's relatively clear what happened (and regardless of what Law and Order would have you believe, this is the way the vast majority of cases are) the court will accept the guilty plea and move right to sentencing.
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Old 09-28-2010, 05:30 AM
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Default Re: Why do we allow those standing trial to plea one way or another?

Entering a plea is the courts way of tricking you into agreeing to take part in their proceedings. Learn the UCC.
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Old 09-28-2010, 08:16 PM
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Default Re: Why do we allow those standing trial to plea one way or another?

time, money and sometimes to reduce the emotional distress of the victim(s).
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