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Caztra Tor
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Posted - 2005.10.01 11:46:00 -
[1]
Imagine yourself sitting on a jury. The defendant in a criminal case takes the stand. He is accused of a crime that is distasteful (insert anything you find especially bad here). When he takes the stand he admits to having pled to the same type of crime involving the same victim in another jurisdiciton. (no contest plea has the same effect as a guilty plea, but w/o the admission of guilt)
After admitting to his no contest plea he explains it as follows: I paid this attorney ten grand to defend me. Gave him my list of witnesses and he said we would have a trial. The day of the trial my attorney has failed to have a single witness in my defense show up. He tells me that if I don't plea I will go to prison for forty years or I can plea "no contest" and get four years. Additionally I am promised that there will be no further prosection of me in other jurisdiction. Namely that I would not have to be defending the same charges in this, the present trial. ----
I need to know what impression the "no contest" plea, as described above, leaves on the Jurist. Since I can't ask them, I am asking you. Does this admission on his part make you think he is more likely to be guilty or can you understand how someone who is innocent would accept four years for a crime they did not commit under the circumstances he describes?
Any input will be appreciated, I will have to defend this person at trial in a month ;)
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Verone
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Posted - 2005.10.01 11:48:00 -
[2]
Take the Fifth!!!1!1!!
MY NAME IS VERONE OF SNIGG, AND I'M GOING TO KILL YOU TILL YOU DIE FROM IT! |
The Hellion
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Posted - 2005.10.01 11:51:00 -
[3]
lol, asking the eve community for advice on legal issues? lol.
nerf the jury, give them a stacking penalty. that'll sort em out, old skool.
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Caztra Tor
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Posted - 2005.10.01 11:53:00 -
[4]
Edited by: Caztra Tor on 01/10/2005 11:53:40
 Originally by: The Hellion
lol, asking the eve community for advice on legal issues? lol.
nerf the jury, give them a stacking penalty. that'll sort em out, old skool.
Yes, the eve community is quite diverse. So what do you think hellion? Have an opinion?
BTW -- Verone I LOVE that sig. Very well done!
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Joshua Foiritain
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Posted - 2005.10.01 12:07:00 -
[5]
Emmmm, have that damn Amarrian shot in the faced? 
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[Coreli Corporation Mainframe] |
The Hellion
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Posted - 2005.10.01 12:09:00 -
[6]
Originally by: Caztra Tor
Edited by: Caztra Tor on 01/10/2005 11:53:40
Originally by: The Hellion
lol, asking the eve community for advice on legal issues? lol.
nerf the jury, give them a stacking penalty. that'll sort em out, old skool.
Yes, the eve community is quite diverse. So what do you think hellion? Have an opinion?
BTW -- Verone I LOVE that sig. Very well done!
I gave you my opinion, but i thought it was a joke, sorry 
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Nuala Reece
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Posted - 2005.10.01 14:15:00 -
[7]
This is in the US I take it? In the UK, as far as I know, the jury wouldn't be informed of any previous convictions for precisely this reason - that giving them that information could prejudice their judgement. The jury should only be considering the offense he's currently being tried for, and the judge ought to be directing the jury that that's what they must do.
That said - it would be pretty difficult for anyone to ignore the fact that he's been in court before for the same offense. It's human nature to look for patterns and that starts to look like one. If it was me, I think I would try very hard to just work from the evidence presented at the current trial, but I wouldn't be able to guarantee that I could completely ignore a possible past history of the same sort of thing.
Be Free
Starlancers
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shakaZ XIV
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Posted - 2005.10.01 14:55:00 -
[8]
Normally i would say, no one agrees to do 4 years unless he is fk'n guilty :P
But recently there has been a case here in Holland where an innocent man who was pedophile but did not actually kill a little girl, admitted guilt. He went to jail for 4 years, after which the true killer (who then decided to admit to killing the girl, which was confirmed by dna testing etc...) came forward.
Its not impossible that innocent people feel such pressure that they think its in their best interest to plead guilty and take a lesser punishment than they would have had if convicted via the normal way. (i.e. plead innocent but be found guilty)
Either way, you would have to be a huge frickn retard imho to plead guilty for something you didnt do, no matter the pressure. 
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Gift
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Posted - 2005.10.01 14:56:00 -
[9]
I'm on of those "never trust a government institution" kind of guys so I say Acquit. I always assume the prosecutor & the cops are lying to up their stats.
/Wonders why he is never picked for Jury duty
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Baldour Ngarr
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Posted - 2005.10.01 15:15:00 -
[10]
Why hasn't the judge declared a mistrial, if the defence lawyers haven't done there job?
Celt Corp - members of ISS |
Tekran
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Posted - 2005.10.01 15:34:00 -
[11]
Originally by: Caztra Tor
I paid this attorney ten grand to defend me. Gave him my list of witnesses and he said we would have a trial. The day of the trial my attorney has failed to have a single witness in my defense show up.
definite failure of defence attorney in previous case. if you are going to have to defend this person, you should make sure that None of that previous infomation comes to light. proof of past conviction should have no place in determining proof of current crime. move to suppress that info early on, because even if a jury is later ordered to "disregard" infomation, it can effect later decisions.
"I don't wear panties, for the record.
Commando 4tw! ~ Abdalion" |
Vydek Daamth
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Posted - 2005.10.01 16:49:00 -
[12]
Edited by: Vydek Daamth on 01/10/2005 16:49:43
Originally by: Baldour Ngarr
Why hasn't the judge declared a mistrial, if the defence lawyers haven't done there job?
Or the defendant has lied about there really being witnesses or that the people he named were really not witnesses to anything, or that they cant add anything to his defense.
I think hes guilty. Most criminals are stupid. And the fact that he has been on trial before for the same thing makes me think its not a case of being "at the wrong place at the wrong time" unless you say that about him getting caught.
I dont think its America as I dont believe you can bring past trial info up in court, as it can influence a jurys decision. Criminal past yes... but I dont think past convictions. I'm sure someone who knows better will clarify
For me a no contest does give the impression of guilt. But I also know if you have no defense, if your guilty or not, you'd be stupid not to plead no contest.
Unless the person has an air-tight defense which he doesnt by what I read, he should plead no contest.
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Kaemonn
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Posted - 2005.10.01 18:18:00 -
[13]
This is not something that should be discussed on these forums.
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