<< 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.
>>
According to an AP account, it was a state trial, not federal.
As near as I can make out, the boy's mother and lawyer did not believe the boy was guilty of murder. He killed the girl for sure, all are agreed, but he was charged with murder, not manslaughter or some other lesser offense.
Their contention was that the boy believed that the girl would not be killed by the body slams that he saw on TV but would bounce back like TV wrestling characters the boy loved watching. He was 12 at the time of the killing.
The jury found the boy guilty of first degree murder, and the judge refused to lower the conviction to second degree or manslaughter.
-- John K. Taber