Quote:
Originally Posted by srmom
How is it "draconian" to be sentenced to a lengthy prison sentence AFTER being convicted of a heinous crime?
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It's not necessarily. But the point being made was not that long sentences are
per se draconian; rather the claim was that it is draconian if the judge has
no flexibility at all to impose a shorter sentence even where he or she finds that to be appropriate in a particular case.
Quote:
Originally Posted by srmom
But, I do think that if a person is convicted of the heinous crime of child rape (and I'm not talking statutory rape, I mean forcible rape), they should go to jail, not plea out for probation.
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A plea bargain might not result in probation; I doubt it would except in excpetional cases. But a plea could very well result in a shorter active sentence.
I know that lots of people have a very negative view of plea bargains. However, unless society is willing to put in the resources that would be necessary to try every case -- court facilities and staff, more judges, more assistant district attorneys, funding for more court appointed defense lawyers, more jail facilities for those who are sentenced to active time or longer terms of imprisonment, more corrections officers, etc. -- they aren't going away.
Quote:
Originally Posted by KappaKittyCat
Nearly all of the Massachusetts Attorneys General are opposed to this change because it would prohibit plea bargaining and all these child rape cases would go to trial.
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I think you might mean the Massachusetts district attorneys -- Massachusetts only has one Attorney General -- but
very good for pluralizing attorneys general correctly.
