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#77 Sep 11 2011 at 8:25 AM Rating: Good
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idiggory, King of Bards wrote:
In reality, cases where the conviction is assured are those where they DON'T get a plea bargain offer, because the DA has no fear of losing and the wins are good for the prosecutor's record (which increases chances for promotion, and decreases chances they'll lose their position).

Forgive me for my skepticism, but since it sounds like your only knowledge of our legal system stems from old Law & Order reruns, I'm finding it difficult to give you any credibility here.
#78 Sep 11 2011 at 9:38 AM Rating: Default
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Majivo wrote:
idiggory, King of Bards wrote:
In reality, cases where the conviction is assured are those where they DON'T get a plea bargain offer, because the DA has no fear of losing and the wins are good for the prosecutor's record (which increases chances for promotion, and decreases chances they'll lose their position).

Forgive me for my skepticism, but since it sounds like your only knowledge of our legal system stems from old Law & Order reruns, I'm finding it difficult to give you any credibility here.


It's a very real issue. And you focused on what is literally the least important part of the whole problem.

The problem is that people are coerced into taking deals rather than facing the fair trial their rights guarantee them. A bargain is a way for prosecutors to avoid the risk of them getting off.

NINETY-FOUR percent of all cases are settled via guilty plea rather than a trial. That's an absurd number. Our system was based around the idea of trial under a jury of your peers and the ability to not be forced to testify against yourself.

Allowing a system in which a prosecutor will up your charges to the point where incriminating yourself and sacrificing your right to a fair trial is fundamentally opposed to those principles.
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#79 Sep 11 2011 at 10:47 AM Rating: Good
In our case, the plea bargain was used because 1. a capital one murder trial can take years and cost millions of dollars 2. the guy, once he was on medication again, realized what he had done and admitted it 3. the evidence was overwhelming anyway. 150 years and sparing his life and ending the trial in three days versus fighting to have him put to death, wasting many years of our lives, and possibly still losing in the end? No thanks.

A plea bargain has to be accepted by both sides to be approved. Either side has the right to say, no, we want to have a proper jury trial. Prosecutors choose that when they feel the plea bargain offer isn't harsh enough, and defendants choose it when they believe they are (or actually are) innocent and the evidence will show them as such.

Edit: To clarify, when I say "either side" I mean the family of the victim in cases where there is a victim. If we had wanted him put to death, we could have denied the plea bargain and had the full trial. Our lawyer respected our wishes.

Edited, Sep 11th 2011 12:50pm by catwho
#80 Sep 11 2011 at 12:11 PM Rating: Default
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But that's only one small (and relatively uncommon) type of case. The vast majority of cases involve low-income peoples up for some stupid charge like disorderly conduct or drug possession. They don't have the funds to hire their own lawyer, and public defenders are so overworked that they can't really do much for their clients.

So they largely end up accepting plea deals (even when innocent), because they just don't have the resources to go to trial and attempt to prove their innocence. And because our systems essentially target them, doing so is much harder than it should be, even if they refuse a plea bargain.
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#81 Sep 11 2011 at 12:21 PM Rating: Good
Quote:

NINETY-FOUR percent of all cases are settled via guilty plea rather than a trial. That's an absurd number. Our system was based around the idea of trial under a jury of your peers and the ability to not be forced to testify against yourself.
This has to include speeding tickets and the like.
#82 Sep 11 2011 at 2:14 PM Rating: Excellent
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Idiggory, do you have any actual data, or are you going to just continue to pull numbers out of your ***?
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#83 Sep 11 2011 at 3:29 PM Rating: Decent
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Why yes, yes I do.

[EDIT]

Also, 27% of people exonerated after DNA evidence was reexamined confessed against themselves or plead guilty. 60% of people exonerated were black.

(And note that cases where DNA evidence can be used to clear a person are largely those cases where they were receiving the harshest penalties--meaning the cases where they were bargaining to avoid life in prison or the death penalty, despite being innocent).

[EDIT2]

Forgot the second source.

Edited, Sep 11th 2011 5:34pm by idiggory
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#84 Sep 12 2011 at 12:40 PM Rating: Excellent
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Capital punishment argument aside, another debate tonight... this one hosted by the Florida Tea Party!

"Governor Perry... Mr Obama: supreme socialist or king communist?"

Edited, Sep 12th 2011 1:41pm by Jophiel
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#85 Sep 12 2011 at 12:43 PM Rating: Good
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Earl Grey or Monk's Blend, go.
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#86 Sep 12 2011 at 12:51 PM Rating: Excellent
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#87 Sep 12 2011 at 12:58 PM Rating: Excellent
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#88 Sep 12 2011 at 3:01 PM Rating: Decent
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Uglysasquatch, Mercenary Major wrote:
gbaji wrote:
So every single group who didn't fight to end the death penalty in some state is now to be judged on their positions on everything else?
No. They're being judged on their fights to end abortion because it's murder and then turning a blind eye to another state allowed murder. They are not completely separate. Not when the most verbal argument they use is that abortions are murder.


Your argument only works if one assumes that both abortion and the death penalty are viewed identically by the people in question. That seems like an extremely unlikely and unfair assumption to make given that most people making it *also* don't treat the two identically. There are a whole hell of a lot of people who oppose the death penalty but support the right to abort. If we apply the same assumption to them, aren't they being just as inconsistent and/or hypocritical?
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#89 Sep 12 2011 at 3:26 PM Rating: Good
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gbaji wrote:
Uglysasquatch, Mercenary Major wrote:
gbaji wrote:
So every single group who didn't fight to end the death penalty in some state is now to be judged on their positions on everything else?
No. They're being judged on their fights to end abortion because it's murder and then turning a blind eye to another state allowed murder. They are not completely separate. Not when the most verbal argument they use is that abortions are murder.


Your argument only works if one assumes that both abortion and the death penalty are viewed identically by the people in question. That seems like an extremely unlikely and unfair assumption to make given that most people making it *also* don't treat the two identically. There are a whole hell of a lot of people who oppose the death penalty but support the right to abort. If we apply the same assumption to them, aren't they being just as inconsistent and/or hypocritical?


And gbaji misses the point.
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#90 Sep 12 2011 at 3:44 PM Rating: Decent
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idiggory, King of Bards wrote:
gbaji wrote:
Uglysasquatch, Mercenary Major wrote:
gbaji wrote:
So every single group who didn't fight to end the death penalty in some state is now to be judged on their positions on everything else?
No. They're being judged on their fights to end abortion because it's murder and then turning a blind eye to another state allowed murder. They are not completely separate. Not when the most verbal argument they use is that abortions are murder.


Your argument only works if one assumes that both abortion and the death penalty are viewed identically by the people in question. That seems like an extremely unlikely and unfair assumption to make given that most people making it *also* don't treat the two identically. There are a whole hell of a lot of people who oppose the death penalty but support the right to abort. If we apply the same assumption to them, aren't they being just as inconsistent and/or hypocritical?


And gbaji misses the point.


No. It's exactly the point. This is about judging one group by a very different standard than you judge others by. What do you think people are doing when they assume that it's hypocritical for one group to oppose abortion but not the death penalty, while not making the same assumption of another group which opposes the death penalty but supports abortion rights? In one case, they are allowing for the likelihood that the group in question does not view those two things identically, but fail to make that allowance in the other.


Which kinda seems unfair, don't you agree?

Edited, Sep 12th 2011 2:45pm by gbaji
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#91 Sep 12 2011 at 3:46 PM Rating: Excellent
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gbaji wrote:
If we apply the same assumption to them, aren't they being just as inconsistent and/or hypocritical?
Yes, they are. I'm opposed to neither.
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#92 Sep 12 2011 at 3:49 PM Rating: Good
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No. There's a key difference. People who oppose abortion do so because they believe it is murder. Those who support abortion do so (generally) because they don't recognize the personhood of a fetus, and so it is not murder.

No one opposes the idea that a convict is a person. It's still murder. Whether or not you think it's okay is a separate question.
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#93 Sep 12 2011 at 4:05 PM Rating: Excellent
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The death penalty is just a very long term abortion, IMO.
#94 Sep 12 2011 at 5:46 PM Rating: Decent
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idiggory, King of Bards wrote:
No. There's a key difference. People who oppose abortion do so because they believe it is murder. Those who support abortion do so (generally) because they don't recognize the personhood of a fetus, and so it is not murder.


Yes. So you recognize that what one person views as murder may not be viewed the same by another person? Great! You're half way there.

Quote:
No one opposes the idea that a convict is a person. It's still murder.


Has it occurred to you that someone else might not see execution as murder? It's the same kind of distinction, just for a different reason. Some might not see abortion as murder because the fetus isn't a person. Others might see execution as murder because the death is the result of a sentence in accordance with our legal system and resulting from actions performed by the person in question.


Quote:
Whether or not you think it's okay is a separate question.


This is all about whether we "think it's ok". We normally call a killing "murder" based on it *not* being "ok". If you kill someone in self defense, do we call that murder? If not, then we must accept that it's not just that someone is killed, but *why* that person is killed, and even to some degree whether said person deserved it, or the circumstances required it.

Can you at least acknowledge that those who support the death penalty do *not* consider it murder? It's exactly the same as those who support abortion rights not considering abortion murder. My point is that it's bizarre to accept one person or groups definition of murder in one case, but not in the other. You're free to disagree with either or both, but you can't say that the person you disagree with is being inconsistent. By his own definitions, his positions are consistent.
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#95 Sep 12 2011 at 5:47 PM Rating: Decent
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Uglysasquatch, Mercenary Major wrote:
gbaji wrote:
If we apply the same assumption to them, aren't they being just as inconsistent and/or hypocritical?
Yes, they are. I'm opposed to neither.


Interestingly enough, so do most religious groups.
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#96 Sep 12 2011 at 5:54 PM Rating: Excellent
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I get gbaji's point, but damned if he didn't make it in the stupidest possible way.
#97 Sep 12 2011 at 6:02 PM Rating: Decent
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Eske Esquire wrote:
I get gbaji's point, but damned if he didn't make it in the stupidest possible way.


The problem is that in order to get it to sink into some posters heads, I'm forced to go about it this way. I you recall, I started out making this point in a very simple direct way, but that kinda flew past most people's heads. I've learned over the years of posting in this forum that I often have to walk people through what to me is blazingly simple logic one painfully moronic step at a time else they'll stray off into some bizarre tangent never to be seen again (and perhaps even eaten by a bear).
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#98 Sep 12 2011 at 6:02 PM Rating: Good
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idiggory, King of Bards wrote:
No one opposes the idea that a convict is a person. It's still murder. Whether or not you think it's okay is a separate question.

gbaji wrote:
Has it occurred to you that someone else might not see execution as murder?

Because it's starting to matter and is no longer merely a technicality, you both should be aware that murder is specifically the unlawful killing of a person. If it is legal to do so, as in both abortion and execution, then it's not murder.

You're both using the word connotative to mean "bad killing" which is just mucking up your argument. Legal executions are definitely not murder and definitely are killings.
gbaji wrote:
We normally call a killing "murder" based on it *not* being "ok".

Just to reiterate, no we fudging don't, not if we're not morons.
#99 Sep 12 2011 at 6:09 PM Rating: Decent
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Allegory wrote:
idiggory, King of Bards wrote:
No one opposes the idea that a convict is a person. It's still murder. Whether or not you think it's okay is a separate question.

gbaji wrote:
Has it occurred to you that someone else might not see execution as murder?

Because it's starting to matter and is no longer merely a technicality, you both should be aware that murder is specifically the unlawful killing of a person. If it is legal to do so, as in both abortion and execution, then it's not murder.


Sure. That's not terribly useful in the presumed conflict over what should be considered "unlawful killing" in the first place. If it makes you feel better, assume folks are arguing over what should be unlawful, and therefore what is "murder".

Quote:
You're both using the word connotative to mean "bad killing" which is just mucking up your argument. Legal executions are definitely not murder and definitely are killings.
gbaji wrote:
We normally call a killing "murder" based on it *not* being "ok".

Just to reiterate, no we fudging don't, not if we're not morons.


We do if we're trying to decide what our laws should define as murder, right? What method would you use? If we assume that our laws should call "murder" any killing which society views as "bad", then it makes sense to look at what our society considered "bad" within this context.

Or is that too complicated for you?
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#100 Sep 12 2011 at 6:22 PM Rating: Default
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and those wrongfully convicted? When they are killed is that not murder? Personally I feel a 25 cent bullet is better than paying 60K+ a year for most serious offenders (child rape, and murder mostly). But at least I can recognize the validity of the counter argument, hell I even agree with it. Its a hard choice to kill someone, even harder if they didn't 100% do it.
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#101 Sep 12 2011 at 6:51 PM Rating: Decent
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rdmcandie wrote:
and those wrongfully convicted? When they are killed is that not murder? Personally I feel a 25 cent bullet is better than paying 60K+ a year for most serious offenders (child rape, and murder mostly). But at least I can recognize the validity of the counter argument, hell I even agree with it. Its a hard choice to kill someone, even harder if they didn't 100% do it.


I'm not arguing the issue of the death penalty, nor of abortion. I'm arguing that it's not inconsistent at all to hold one position on one and a different position on the other. That's it.
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