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>Every person accused of a crime should have the right to a trial if they want one, and they should never be subject to additional punishment for insisting that
by will_brown 11y ago
>Every person accused of a crime should have the right to a trial if they want one, and they should never be subject to additional punishment for insisting that they get it
I explained this to Nitrogen in this thread. Everyone is looking at this in a vacuum and thinking, "if the Gov offered a lesser sentence with a plea, but sought higher sentencing after a conviction at trial, then they are being vindictive." But they are not being vindictive, because that's what they wanted and may have been appropriate all along. Alternatively, a plea would not exist if the Prosecutor said the plea is "x", but you can go to trial and get a free bite at the apple and if you lose I promise to only seek "x", because everyone would go to trial. The real negative of a system like that would be maximums across the board which would neither serve society or most defendants.
- mikeash 11y agoIt has nothing to do with whether the government is vindictive. Their motivations don't matter in the least. All I'm doing is looking at what the defendants are offered and observing that they are effectively being punished for exercising their right to a trial. It doesn't matter whether that's being done on purpose or whether it's just an unfortunate outcome of completely reasonable motivations. Why would the alternative be maximums across the board? Doesn't the judge still get discretion in sentencing after a trial?