Not Guilty. Go Directly to Jail.

Discussion in 'Off-topic' started by mzmtg, Nov 15, 2006.

  1. mzmtg

    mzmtg Active Member

    3,119
    0
    36
    http://www.reason.com/blog/show/116720.html

    The opinion itself is refreshingly abrupt and scathing, and seems to have come from the pen of a pretty fed-up judge. It includes a history of the right to a jury trial, and quotes from Dickens.

    As Cato's Tim Lynch explains , extra jail time for acquitted charges both encourages prosecutors to over-charge defendants, and encourages defendants to accept plea bargains -- knowing that at trial they could well be sentenced for crimes they didn't commit.

    If you're wondering if all of this is a violation of the Sixth Amendment, well, if the Sixth Amendment means anything at all, it most certainly is. But we're talking mostly about drug crimes, here -- where the Bill of Rights doesn't apply.[/quote:1yjbqgpd]
     
  2. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

    67,014
    1,419
    113
    Well, he was sentenced within the guidelines for the crime for which he was convicted and not based on acquitted conduct

    The district court, in the case above, commented, "Sentencing a defendant to time in prison for a crime that the jury found he did not commit is a Kafka-esque result." Those who have read The Trial, by Franz Kafka, which I recommend ( Upon declaring his innocence, he is immediately questioned "innocent of what?" Halfway through Franz Kafka's The Trial, Josef K, by now locked irrevocably into a legal process he can neither resist nor understand, expresses his hope that "the Interrogation Commission might have discovered not that I was innocent but that I was not so guilty as they had assumed." ), will realize the reference.

    The court did point out that this is a common practice in other courts, however.
     

  3. mzmtg

    mzmtg Active Member

    3,119
    0
    36
    That's the problem, really.