Comments on: Court to hear plea bargain issue http://www.scotusblog.com/wp/court-to-hear-plea-bargain/ The Supreme Court of the United States blog Thu, 26 Jun 2008 21:56:34 -0700 http://wordpress.org/?v=2.8.5 hourly 1 By: Robert E. George http://www.scotusblog.com/wp/court-to-hear-plea-bargain/comment-page-1/#comment-12925 Robert E. George Fri, 16 Nov 2007 05:42:07 +0000 http://www.scotusblog.com/wp/uncategorized/court-to-hear-plea-bargain/#comment-12925 What is the remedy to the state, when the prosecutor trys a clean case, convicts the defendant, and obtains a death sentence, but, is required to retry a case because only because the defendant did not accept the offer, that was reasonable in the first place? What if no plea offer is made, and the defendant does not enter an open plea, but goest to trial, should that case be overturned? The sanction should be a conviction with the defense attorney being disbarred. The defense team, including the defendant, got what they wanted, a trial. A jury of twelve independant citizens, did their job. The prosecutor did their job. The court did it's job. All to have the time wiped away because the defendant now wants the original deal. Defendant's turn down reasonable offers all the time. I have had defendant's turn down offers of 125 years only to receive a sentence of 610 years from the jury. The defendant in a case I obtained a death sentence turned down a life without parole offer, and wanted a trial. The jury returned a death sentence in only two and one half hours of deliberation. The jurors were interviewed after their decision and they were firmly convienced of the defendant's guilt, and that the defendant deserved to die for bruitally murdering two brothers on New Years day. If the court should overturn the convictions then a rule should be established that requires a hearing prior to trial where the details of any plea offers are made, and defendant would have to openly and knowningly refuse the offer. Second guessing attorney advice based upon the outcome of the case should be prohibited. Maybe we should do away with double jepordy, and allow the state to retry the defendant when the defense decides to go to trial, and receives life without parole, instead of death. What is the remedy to the state, when the prosecutor trys a clean case, convicts the defendant, and obtains a death sentence, but, is required to retry a case because only because the defendant did not accept the offer, that was reasonable in the first place? What if no plea offer is made, and the defendant does not enter an open plea, but goest to trial, should that case be overturned?

The sanction should be a conviction with the defense attorney being disbarred. The defense team, including the defendant, got what they wanted, a trial.

A jury of twelve independant citizens, did their job. The prosecutor did their job. The court did it’s job. All to have the time wiped away because the defendant now wants the original deal.

Defendant’s turn down reasonable offers all the time. I have had defendant’s turn down offers of 125 years only to receive a sentence of 610 years from the jury.

The defendant in a case I obtained a death sentence turned down a life without parole offer, and wanted a trial. The jury returned a death sentence in only two and one half hours of deliberation. The jurors were interviewed after their decision and they were firmly convienced of the defendant’s guilt, and that the defendant deserved to die for bruitally murdering two brothers on New Years day.

If the court should overturn the convictions then a rule should be established that requires a hearing prior to trial where the details of any plea offers are made, and defendant would have to openly and knowningly refuse the offer.

Second guessing attorney advice based upon the outcome of the case should be prohibited. Maybe we should do away with double jepordy, and allow the state to retry the defendant when the defense decides to go to trial, and receives life without parole, instead of death.

]]>