[lbo-talk] Polanski

[andie nachgeborenen]

You plead to the charges in the indictment, maybe as modified by the plea bargain, which may be more than the  the facts that satisfy the elements of the crime. (Although you plead to those at a minimum.) So unless you are lying in your plea, the plea is a subset of the facts. We have real offense rather than charge offense sentencing, means not everyone who pleads to the same thing gets the same sentence. So the courts get, typically, the parole board (not consering parole at this stage) to interview the defendant and others and prepare an often lengthy report on the details. That will be read or summarized in the reacord and the judge will ask the Defenfant under oath of it is true. In addition the Defendant will typically be expected to make an allocution, to describe the crime in his own words. A good judge who's not to busy will dig hard to get a detailed story. Point is, the plea is not the whole story, but we're talking crime and punishment, not

 _Crime and Punishment_. However it is often a good picture of the facts. Andie (criminal defense lawyer)

--- On Tue, 9/29/09, Doug Henwood <dhenwood at panix.com> wrote:


> From: Doug Henwood <dhenwood at panix.com>
> Subject: Re: [lbo-talk] Polanski
> To: lbo-talk at lbo-talk.org
> Date: Tuesday, September 29, 2009, 8:54 PM
> 
> On Sep 29, 2009, at 9:42 PM, Sandy Harris wrote:
> 
> > On 9/30/09, Doug Henwood <dhenwood at panix.com>
> wrote:
> > 
> >>> There's nothing so-called about it. 
> Polanski pleaded guilty and the facts
> >> are hardly in dispute.
> >> 
> >> I don't get the cultural elite's reaction. So it's
> not under dispute that
> >> the guy drugged and raped a 13-year-old girl,
> right?
> > 
> > It's not under dispute that he had sex with her.
> That's what he
> > plead guilty to.
> 
> What one pleads guilty to and the facts of a case are two
> separate things. My understanding is that no one disputes
> that he gave the girl a 'lude and raped her. Am I wrong
> about that?
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