4 ms·
In my younger days, I was offered a plea bargain to plead nolo contendre (no contest, as in "I do not contest the charge nor do I admit guilt") to a lesser char
by spdustin 10y ago
In my younger days, I was offered a plea bargain to plead nolo contendre (no contest, as in "I do not contest the charge nor do I admit guilt") to a lesser charge in exchange for: probation, adjudication withheld (no conviction on my record) and, once probation was served, record expungement.
I got the impression it was because the state's attorney felt I would best learn my lesson with that outcome than the otherwise mandatory sentence for the crime with which I was originally charged — non-violent, mind you; it was a bounced check. Yes, really.
So in some cases, plea bargaining is a "way out" of otherwise too-harsh sentencing. Yes, the sentencing guidelines should be overhauled, but in today's legislative climate, the path of least resistance is simply to allow the prosecution the flexibility to charge a defendant with a lesser crime.
- rhizome 10y agoThe path of least resistance is a crappy rubric.
- cookiecaper 10y agoThe prosecution already has the flexibility to decline to prosecute. They shouldn't prosecute anyone who doesn't deserve to be punished. In theory, it's an important check on the legal system, but in practice, it turns out attorneys like being employed, so they make work for themselves.
- ptaipale 10y agoI guess here the point was that here we had someone who deserved to be punished. But a slap on the wrist was a more appropriate punishment than putting the person in jail - and at the same time, not prosecuting wasn't appropriate either.