View Poll Results: Should Roman Polanski be punished for his crime?

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  • Yes

    126 74.56%
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Thread: Should Roman Polanski be punished for his crime?

  1. #271
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    Re: Should Roman Polanski be punished for his crime?

    Quote Originally Posted by disneydude View Post
    No one is making Polanski the victim. I don't condone what he may have done and he should be sentenced according to the original plea agreement before the judge reneged.
    And of course, he has to be tried and sentenced for running as well.
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    Re: Should Roman Polanski be punished for his crime?

    Quote Originally Posted by Ikari View Post
    And of course, he has to be tried and sentenced for running as well.
    I agree. That should be part of the deal as well.
    <font size=5><b>Its been several weeks since the Vegas shooting.  Its it still "Too Early" or can we start having the conversation about finally doing something about these mass shootings???​</b></font>

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    Re: Should Roman Polanski be punished for his crime?

    Quote Originally Posted by disneydude View Post
    There is no appeals process. What are you talking about. You can't appeal a plea even where the judge reneges.
    That's only if the right to appeal is waived.
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  4. #274
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    Re: Should Roman Polanski be punished for his crime?

    Quote Originally Posted by paris View Post
    Oh, so you too have reading comprehension troubles. Great!

    Thus let me post a video for you. It is the first part of an interesting doc, titled Roman Polanski: Wanted and Desired, by Marina Zenovich.

    YouTube - Roman Polanski #1

    The nine other parts are also available on YouTube, let's just hope you are able to figure out how to view them all
    Sure, let me just watch an hour and a half of propaganda agitating on his behalf and get back to you.

    Quote Originally Posted by disneydude View Post
    Right you are wrong.

    It is virtually unheard of. People are mistaking the judges actions here with a judges actions in refusing to go along with a plea bargain. They are completely different scenarios.

    ...

    The Judge had agreed with the plea bargain. It wasn't until the Judge didn't like the outcome that he reneged on the deal.
    I don't know that I believe that this is as uncommon as you're making it out to be. First, I believe it would be inappropriate for a judge to completely cede his sentencing authority to the psyche evaluation/probation team, who is generally as big a group of **** ups as you can find. What I bet happened is that he said he would let the 90 days play out and then take their recommendation under consideration.

    And again, even if this is something that has never happened before on this planet, the proper thing to do is to let the process play out and then file the proper appeals.


    Let me break it down more:

    Scenario #1: DA and Defense review the facts and decide 5 year state prison is the sentence. They tell Judge. Judge says no. This defendant has been in and out of prison and the crime here is too severe. I'm not accepting that plea. I won't accept a deal for less than ten years.

    Scenario #2: DA and Defense review the facts and decide 5 years state prison is the sentence. They tell Judge. Judge says fine I'll accept that. Defendant pleads. Judge says....you know what....I've changed my mind, I don't think 5 years is an appropriate sentence. I'm sentencing you to 20 years.

    This case is more like #2 than #1. #1 does happen with some regularity but is still not very common. #2 is unprecedented.
    I know for a fact that #2 is not even remotely unprecedented - I watched a judge do it. Both sides came to an agreement, they signed a plea, all indications were that it was acceptable to the judge, and then during the process of allocution, the judge felt that the defendant was either not remorseful or was failing to accept responsibility and thus sentenced him to a longer term.

    There's a very good reason why all plea agreements include language in bold reminding the defendant that the judge has authority to disregard the agreement.

    Quote Originally Posted by disneydude View Post
    There is no appeals process. What are you talking about. You can't appeal a plea even where the judge reneges.

    No one is making Polanski the victim. I don't condone what he may have done and he should be sentenced according to the original plea agreement before the judge reneged.
    Every plea deal I've ever seen included language waiving the right to appeal only if the judge eventually sentenced the defendant to a term of less than X months. I very much doubt the defense attorneys here included a total waiver of all rights to appeal. If they did, then if the judges actions were truly egregious, he could have sought appeal on those grounds, and if not, well, that's what you get for signing a total waiver.
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  5. #275
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    Re: Should Roman Polanski be punished for his crime?

    Quote Originally Posted by paris View Post
    He did not come back.

    He fled because he was afraid of your judicial system and I can understand him there.

    He pleaded guilty to a crime he possibly did not commit because he was told to do so by his legal consellors.

    Do you know how many years of study are required to become a judge? You are all here trying to judge him without knowing the case. The fact the alleged victim wants to burry it should be very telling.
    That's why I want to abolish the jury system. I don't know how it works in Europe, but Americans just plain suck at this sort of thing.
    Last edited by Morality Games; 10-02-09 at 02:12 PM.
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  6. #276
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    Re: Should Roman Polanski be punished for his crime?

    Quote Originally Posted by Harshaw View Post
    That's only if the right to appeal is waived.
    No. You cannot appeal a plea.
    <font size=5><b>Its been several weeks since the Vegas shooting.  Its it still "Too Early" or can we start having the conversation about finally doing something about these mass shootings???​</b></font>

  7. #277
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    Re: Should Roman Polanski be punished for his crime?

    Quote Originally Posted by RightinNYC View Post
    Sure, let me just watch an hour and a half of propaganda agitating on his behalf and get back to you.



    I don't know that I believe that this is as uncommon as you're making it out to be. First, I believe it would be inappropriate for a judge to completely cede his sentencing authority to the psyche evaluation/probation team, who is generally as big a group of **** ups as you can find. What I bet happened is that he said he would let the 90 days play out and then take their recommendation under consideration.

    And again, even if this is something that has never happened before on this planet, the proper thing to do is to let the process play out and then file the proper appeals.




    I know for a fact that #2 is not even remotely unprecedented - I watched a judge do it. Both sides came to an agreement, they signed a plea, all indications were that it was acceptable to the judge, and then during the process of allocution, the judge felt that the defendant was either not remorseful or was failing to accept responsibility and thus sentenced him to a longer term.

    There's a very good reason why all plea agreements include language in bold reminding the defendant that the judge has authority to disregard the agreement.



    Every plea deal I've ever seen included language waiving the right to appeal only if the judge eventually sentenced the defendant to a term of less than X months. I very much doubt the defense attorneys here included a total waiver of all rights to appeal. If they did, then if the judges actions were truly egregious, he could have sought appeal on those grounds, and if not, well, that's what you get for signing a total waiver.

    Right...unfortunately you are wrong again.

    I work in the Los Angeles Court system and THAT simply is not the way it works.

    When a plea agreement is entered into for a diagnostic, the judge never says, "well lets see how this plays out and I'll take the recommendation under the consideration". The unwritten understanding is that if all parties agree to to the plea agreement for a diagnostic, that the judge WILL follow the recommendation. What would be the point for the defense to agree to it if the judge were not going to follow the recommendation?
    99 times out of 100, the recommendation comes back for state prison. That's probably why the judge reneged, he assumed it would be a recommendation for state prison.

    Plea agreements are not even in writing, let alone BOLD. The only writing would be the transcription of the court reporter.

    As far as appeals, there is no right to appeal a plea. So whatever language you are talking about waiving the right to appeal, I have no idea what you are talking about. The only remedy that you have post-plea is a motion to withdraw the plea. This would have to be based on some type of misconduct, such as Ineffective assistance of counsel (failure to properly advise), Prosecutorial misconduct, judicial misconduct.
    An appeal is a process in which the court reviews the transcript for errors of fact/law. There are no such errors in a plea.
    <font size=5><b>Its been several weeks since the Vegas shooting.  Its it still "Too Early" or can we start having the conversation about finally doing something about these mass shootings???​</b></font>

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    Re: Should Roman Polanski be punished for his crime?

    I really don't care if the man can get an appeal or not. Anyone who rapes a thirteen year old child deserves to rot in prison for the rest of their life.
    mom of four boys
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    Re: Should Roman Polanski be punished for his crime?

    Quote Originally Posted by disneydude View Post
    No. You cannot appeal a plea.
    Only if the right to appeal is waived.

    Besides, you say yourself that judicial misconduct can be appealed.

    Would this not be judicial misconduct? If not, then it's hard to see what you're arguing about here. Did the judge do something wrong, or not?
    “Offing those rich pigs with their own forks and knives, and then eating a meal in the same room, far out! The Weathermen dig Charles Manson.”-- Bernadine Dohrn

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    Re: Should Roman Polanski be punished for his crime?

    Quote Originally Posted by Harshaw View Post
    Only if the right to appeal is waived.

    Besides, you say yourself that judicial misconduct can be appealed.

    Would this not be judicial misconduct? If not, then it's hard to see what you're arguing about here. Did the judge do something wrong, or not?
    There is no debate. You are simply wrong. Sorry. I've been an attorney in Los Angeles for 20 years. You cannot "appeal a plea".

    The only thing you can do is bring a motion to withdraw the plea which is almost never successful.
    <font size=5><b>Its been several weeks since the Vegas shooting.  Its it still "Too Early" or can we start having the conversation about finally doing something about these mass shootings???​</b></font>

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