Ultimate Floridian lunacy

Justin Schwartz jkschw at hotmail.com
Sat Mar 10 06:01:15 PST 2001


I must have missed this case. I don't know about it, including the facts or whether it was state or federal. It makes a difference: in federal criminal law, Congress has removed most of the courts' discretion in sentencing. State courts have a lot more leeway as a rule. But in general, federakl or state, a plea bargain is a deal, a contract, not a right. If the sentence imposed by the judge or jury (the law varies) is legal, there is nothing to appeal just because you could have gotten a better deal had you pleaded guilty with the deal. You are out of luck. --jks


>Hey Chas'n'Justin,
>
>So what's the logic behind handing that little bloke a life sentence, then?
>If his lawyers turned down a plea bargain with a three-year stretch hanging
>off it, they must have been very surprised by something in the ensuing
>proceedings. What was it?
>
>I'm grateful for anything that brings the lunacy of American institutions
>to Australian eyes, of course. Might help to cool the passion with which
>we emulate you. But, having just watch the crying mother and child, I
>kinda hope there's an appeal mechanism by which this particular bout of
>wanton institutional cruelty might be undone ...
>
>Cheers,
>Rob.
>
>

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