I totally agree with you & feel the same way. However, i do not agree with the lynch mob mentality of a few people posting in this thread. Thank goodness they're not running our justice system!
Roman Polanski arrested in Switzerland
- Thread starter Doc Holliday
- Start date
I totally agree with you & feel the same way. However, i do not agree with the lynch mob mentality of a few people posting in this thread. Thank goodness they're not running our justice system!
Some people think that justice has only been served when they agree with the result. The law is unimportant. The victim is unimportant. The truth is unimportant. Revenge...now that's where it's at!
Alternative View
Following the rehash of the Polanski saga, now approaching 40 years.
May I suggest an alternative view.
From the start the case against Polanski was far from a guaranteed win for the prosecution. The downside of losing was not very attractive to the state, nor was a conviction resulting in a slap on the wrist sentence.
As things stand the prosecution and the state of California has accomplished the following.Exported the problem - Roman Polanski to another country with a very high degree of certainty that he will never re-enter the USA while saving the taxpayers a fair amount of money.
The refusal to comply with the Swiss request regarding certain documents. If you have a guaranteed win then compliance is rather simple. If you do not then the refusal keeps the problem away from home shores for the rest of Roman Polanski's life.
Following the rehash of the Polanski saga, now approaching 40 years.
May I suggest an alternative view.
From the start the case against Polanski was far from a guaranteed win for the prosecution. The downside of losing was not very attractive to the state, nor was a conviction resulting in a slap on the wrist sentence.
As things stand the prosecution and the state of California has accomplished the following.Exported the problem - Roman Polanski to another country with a very high degree of certainty that he will never re-enter the USA while saving the taxpayers a fair amount of money.
The refusal to comply with the Swiss request regarding certain documents. If you have a guaranteed win then compliance is rather simple. If you do not then the refusal keeps the problem away from home shores for the rest of Roman Polanski's life.
Hello Boys,
I found this:
http://faculty.ncwc.edu/Mstevens/410/410lect23.htm
It can be done in open court, on the record, or upon a showing of good cause, in camera, or outside the sight of the court. Jurisdictions vary by how much they allow the judge to be involved with it. The most significant constitutional requirement on plea bargains is that they are contracts, resting upon a promise or agreement that must be fulfilled. This is called the Santobello standard, that prosecutors must keep their promises. This means that they must admit, in open court, that they agree with the defendant's request for a particular penalty, although with the understanding that such recommendation is not binding upon the court (by the judge). In order for the judge to abide by it, a presentence report is often required, so some notification to defendant (and at least the judge) is required for this. The judge is required to notify the defendant of acceptance or rejection of the plea bargain, and again, in jurisdictions that don't allow judicial involvement, someone else makes this notification. If rejected, notification should also include the reasons why the plea bargain is unacceptable, although this might require asking. If accepted, plea bargains cannot be altered or modified by judges; they can only be accepted in toto. Rejection triggers another notification where the defendant is allowed to change their plea. And finally, if a defendant persists in arguing for their rejected plea bargain, they must be notified that the disposition in their case may be less favorable than before. Prosecutors as well as judges are allowed to make such threats because they aren't seen as vindictive, just attempts to induce acceptance of the state's offer, or going rate. All together, there are about 5-6 notifications involved with plea bargaining.
It does not answer the question of what happens if a plea bargain is rejected regarding the right to a trial. Of course I also just play a wannabe lawyer here for fun. But it seems logical to me that since the defendant can also reject the plea deal he would not do so if the prospect was that the judge could then make a summary judgment without a trial and then pronounce a harsher sentence then the plea bargain offered. It would make no sense for a defendant to reject a plea for what would then be a worse sentence. So it would seem there has to be a trial option. Now, where's a lawyer to give a professional assessment?
Doc, you have been given to hyperbole on this issue. Your difference of opinion does not mean the other side is a lynch mob...or are you positioning yourself for public consumption to seek public office...lol?
I thought he should have paid back then. Now that the victim has stated she basically wants the whole thing over I would probably be happy if the active pursuit of the whole thing was forgotten. Why not just classify him as an undesirable alien as a fugitive child molester ( as he is ) and ban him from ever reentering the U.S..
Cheers,
Merlot
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The bottom line, to me, is that if Polanski wants to challenge his conviction he should come back to face trial in the USA. He has enough money to hire good lawyers, and the USA has a better justice system than 90% of countries on earth, no matter how bad some aspects of it are.
Once he's back here, all this talk about witness credibility, plea bargain types, unfair judges, etc. will be relevant. In the meantime, what gives him the right to make his own justice and evade trial?
The world is getting smaller all the time. You can't run forever Mr. Polanski.
Once he's back here, all this talk about witness credibility, plea bargain types, unfair judges, etc. will be relevant. In the meantime, what gives him the right to make his own justice and evade trial?
The world is getting smaller all the time. You can't run forever Mr. Polanski.
Hello Kepler,
With all of Polanski's claims of an unfair judge, dirty double-dealing, and the denial of a trial being exposed as fake, it all comes down to phony excuses to avoid facing legal responsibility for choosing to molest a 13-year-old. It's that simple.
Cheers,
Merlot
He's only got a few years left to live. That's why it's not worth going through all the trouble of facing US justice (it seems like public opinion has already convicted him anyway) and even risking going to prison.
Mais pourquoi crois-tu que je faisais reference a toi? LOL!!!!
A votre sante,
Docteur Vacance
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The Plea bargain is not about the sentence to be given, but the charge or level of crime. Usually, the statue that the defendent is charged wtih is proportional to the proposed sentence. Therefore if the Judge accpets a plea of guilty to a lesser charge, the Judge is bound by the sentencing guidelines / restrictions set by the statue. For example, if the defendant was originally charged with simple assault which carries a sentence of 6 months to 2 years, and the proposed plea was to give the defendant a disorderly conduct charge and the maximum sentence is 90 days, the Judge cannot give the defendant 1 year in prison for the plea taken by the defendant. The Judge is bound by the statue.
In the Polanski case, Polanski was charged by indictment with extremely serious charges that would have put him away for 20 t0 30 years. Because the victim did not want to testify, the prosecution gave Polanski a very generous plea agreemetn. Even if the Judge gave Polanski the maximum, Polanski probably would have been out of prison in less than 2 or 3 years at the most. Polanski thought or he was told thru his lawyer that he was to get time served - 42 days he spent in prison for psychological evaluation.
It would not make sense for Polanski to ever set foot in the US again. Polansk has 3 safe places he can be - France, Switzerland, and Poland. Outside of those places, he is taking a big chance.
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Can anyone tell me what a 13 year old was doing at a huge Hollywood actors house.. If she wasn't someones daughter !!!!!
She wAs obviously brought there for one reason or another, and that reason was probably un-holy !
..
She wAs obviously brought there for one reason or another, and that reason was probably un-holy !
..
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Don't worry... Do you want a list of all the dictators (some who were helped by the CIA to screw their own people) who are 'running' forever at this very moment ?
When you have people like the ex-U.S. Secretary of State Madelaine Albright saying she learned 50 years later that her grandparents were jewish and perished in the Holocaust and just wake up ONLY in 1997 in helping the tracking down of Nazi.
Bottom line is 'this so call justice system' doesn't care for the victims.
It cares only of how much money it can make.
C'est vrai, mais faut rajouter que la justice americaine est dominee et controllee par la fameuse politique.
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