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

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Thread: Should Roman Polanski be punished for his crime?

  1. #281
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    Re: Should Roman Polanski be punished for his crime?

    Quote Originally Posted by disneydude View Post
    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.
    It's funny how everyone on the Internet is a lawyer when it's convenient.

    Let's leave that issue aside, though, and go on to the second point I made.
    “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

  2. #282
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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.
    Again, this is not true.

    Sample plea agreement:

    The parties agree that the appropriate sentence in this case is a term of imprisonment of XXXX years, a fine of XXXX, a term of supervised release of XXXX, a special assessment of , and restitution of XXXX. This sentence is within the guideline range/is a departure from the guideline range for the following reasons: XXXX. If the district court imposes this sentence, the defendant and the United States Attorney waive their respective rights to appeal the sentence under Title 18, United States Code, Section 3742.
    The defendant retains his right to appeal should the judge impose a sentence higher than the guidelines range.
    People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf.

  3. #283
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    Re: Should Roman Polanski be punished for his crime?

    Quote Originally Posted by RightinNYC View Post
    Again, this is not true.

    Sample plea agreement:



    The defendant retains his right to appeal should the judge impose a sentence higher than the guidelines range.
    What you have posted is from the Federal Court. They operate quite differently than State Courts operate. They are much more formal. There is no avenue for appealing a plea in California State Courts.
    <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>

  4. #284
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    Re: Should Roman Polanski be punished for his crime?

    Quote Originally Posted by Harshaw View Post
    It's funny how everyone on the Internet is a lawyer when it's convenient.

    Let's leave that issue aside, though, and go on to the second point I made.
    You can laugh....but yes...I am a lawyer in Los Angeles....not just convenience...

    But that aside....your second point. I doubt it would rise to the level of judicial misconduct. Like I said, it is an unwritten understanding. What the judge did, while certainly unconventional and questionable unethical was in actuality within his power to do.
    <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?

    If there's no misconduct, then Polanski had no justification to run. So why argue on his behalf here?
    “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

  6. #286
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    Re: Should Roman Polanski be punished for his crime?

    Quote Originally Posted by Harshaw View Post
    If there's no misconduct, then Polanski had no justification to run. So why argue on his behalf here?
    I have never said that he had "justification" to run. My point all along has been that he was wrong for running, but also that the judge was wrong in not living up to his end of the bargain. Just because it may not rise to the level of misconduct on the part of the judge, doesn't mean that it was right.
    As a defense attorney, I would be pissed as hell if we made this agreement and the judge reneged. Like I said, I've been an attorney for 20 years, I've never seen a judge renege on this type of deal. I have had judges refuse to accept a plea agreement a number of times, however again....never seen a case where a judge did not keep his/her end of the bargain on a 90 day diagnostic, which tells me that something smelly happened here with the judge.
    <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
    What you have posted is from the Federal Court. They operate quite differently than State Courts operate. They are much more formal. There is no avenue for appealing a plea in California State Courts.
    So you're saying that there are no written pleas in CA state court? That even if the attorneys wanted to get something in writing from the DA, they couldn't?

    Several points:

    http://www.amadorcourt.org/localform...erPleaForm.pdf

    Here's an example of a plea form from a CA state court. In the plea form, there is this:

    Diagnostic Study:

    I understand if the judge wants a diagnostic study to assist in deciding my
    case, the judge may refer my case to a facility of the California Department
    of Corrections and Rehabilitation, where I can be confined up to 90 days for
    such study. (P.C. §1203.03.)
    It sounds like that's exactly what was used here, and that language makes it explicitly clear that the diagnostic study is only used to assist the judge in making a decision. He is completely free to choose to ignore their recommendation should he so decide.

    Finally, a quick google turned up a case where almost the exact same thing happened.

    BACKGROUND
    Defendant was charged with one count of corporal injury on a cohabitant, and it was alleged that he had a prior prison term (Pen. Code, § 667.5, subd. (b)). Pursuant to Penal Code section 1192.5, defendant entered into a plea bargain that specified no prison time. The trial court accepted the negotiated plea and struck the prior. The court refused to sentence defendant without a probation report.

    At sentencing before a different judge, the court had “grave concerns about going along with the plea bargain.” court would accept the plea bargain with a one-year sentence, “a Johnson year. It would be a Johnson waiver for all purposes.” The waiver was accepted and the court sentenced defendant to the upper term of four years, suspended execution of sentence, and placed defendant on probation.

    Among the conditions of probation were a one-year jail term and an order not to annoy, harass, or threaten or commit acts of violence or abuse against
    the victim.
    Here, the prosecutor and defendant agreed to a plea deal with no jail time. The judge accepted the plea, but ordered a probation report. The sentencing went before a different judge, and that judge refused to let him get off without time in prison. The guy got a year in jail.

    That case also discusses the a way in which defendants can appeal sentences handed down pursuant to plea agreements, which is by obtaining a certificate of probable cause.
    People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf.

  8. #288
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    Re: Should Roman Polanski be punished for his crime?

    Quote Originally Posted by disneydude View Post
    1/2 accurate, 1/2 not. True. Polanski fled and so we will never know for certain. However, the Judge did more than "suggest". He flat out told the DA and the defense attorney that he did not intend to follow the diagnostic finding and indicated that he believed a lengthy prison sentence was in order.
    How do you know this? Where is your proof? Please don't tell me it was from that "documentary"....
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  9. #289
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    Re: Should Roman Polanski be punished for his crime?

    Quote Originally Posted by Kandahar View Post
    Additionally, he is a fugitive from justice, which makes him no different than an escaped convict.
    For me it is the most important aspect. This kind of escape from his responsibility should not lead to success.
    Rather dead than red!

  10. #290
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    Re: Should Roman Polanski be punished for his crime?

    Quote Originally Posted by Glücksritter View Post
    For me it is the most important aspect. This kind of escape from his responsibility should not lead to success.
    Agreed. I cannot blame him for running, though.
    "An error does not become truth by reason of multiplied propagation, nor does truth become error because nobody sees it." - Gandhi

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