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. #291
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    Re: Should Roman Polanski be punished for his crime?

    Quote Originally Posted by RightinNYC View Post
    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:



    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.



    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.
    Technically, Right....you are right. But not exactly in this context.

    There ARE certain things that you can appeal after a plea, but it is not the plea itself.

    In other words, if, for instance, pretrial you file a search and seizure motion (1538.5) alleging that evidence that was recovered was gathered in violation of the 4th amendment prescription against unreasonable searches/seizures, and that motion is denied and the defendant later pleads, the defendant can still appeal the judges ruling on the denial of the 1538.5 motion.

    Does that make sense?

    In answer to your first question, I don't believe there is anything that prevents a plea agreement from being in writing. However, it is not the norm. Most are done verbally "on the record" and there is nothing in writing other than the transcript from the court reporter and the minute order from the clerk.

    There are things called "Tahl Waivers" which essentially are written forms that cover a defendant's rights and what the maximum penalty for the offense are. These are used in most misdemeanor courts and in some felony courts. A lot of the court will have the defense attorney write the terms of the plea agreement on the bottom of the front page, this is really an informal procedure, for instance on a DUI it would look like this:

    36 months s/p, 390 +PA, AB541, rest., 90 day DLR.
    (3 years informal probation, $390 fine + penalty assessment, 4 month alcohol program, restitution and a 90 day driver's license restriction).

    However, the type of formal written plea agreements that you see used in Federal Court are not the norm in California State Court (at least in Los Angeles).
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  2. #292
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    Re: Should Roman Polanski be punished for his crime?

    Of course he should be punished if it can be proven beyond reasonable doubt in a court of law that he committed it. Drugging and raping 13 year olds is not something that should be tolerated, no matter how gifted, rich or famous the perpetrator is.
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  3. #293
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    Re: Should Roman Polanski be punished for his crime?

    It's never too late to right a wrong. I suppose the same could be said for justice. I hope they throw him under the jail. If that was my daughter, his fate would be much worse I imagine.

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    Re: Should Roman Polanski be punished for his crime?

    Quote Originally Posted by Regicollis View Post
    Of course he should be punished if it can be proven beyond reasonable doubt in a court of law that he committed it. Drugging and raping 13 year olds is not something that should be tolerated, no matter how gifted, rich or famous the perpetrator is.



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    Re: Should Roman Polanski be punished for his crime?

    this debate has been going on for so long that im switching over. LOCK THIS GUY UP FOR LIFE

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    Re: Should Roman Polanski be punished for his crime?

    First. let me start by saying that I have absolutely zero tolerance for child molesters. IMHO it is an abhorrant act that should be punished to the fullest extent of the law. Put me on the bench, and I'll send 99,999 out of 100,000 child molesters to prison.

    With that being said -- If there was anyone on this planet that I'd even begin to consider leniency for, it would be Roman Polanski. Not because he's a noted Hollywood film director, not because he's rich, famous, European, or any other reason, except one...

    I cannot begin to even imagine the agony, the mental torture, of having your beautiful, pregnant wife and three of her friends brutally murdered. I cannot imagine living my life knowing that my lovely deceased wife was forevermore linked with one of the most notorious psychopathic murderers in American history.

    I do imagine, however, that having that happen to me would - for lack of a better term - screw my head up something fierce!

    And for that reason, and that reason alone, I'd consider leniency for Roman Polanski.

    America has lived without Roman Polanski for over 30+ years. Exile him from the United States, and let him never return.

    IMHO - That would be justice served.
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  7. #297
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    Re: Should Roman Polanski be punished for his crime?

    Quote Originally Posted by SpotsCat View Post
    First. let me start by saying that I have absolutely zero tolerance for child molesters. IMHO it is an abhorrant act that should be punished to the fullest extent of the law. Put me on the bench, and I'll send 99,999 out of 100,000 child molesters to prison.

    With that being said -- If there was anyone on this planet that I'd even begin to consider leniency for, it would be Roman Polanski. Not because he's a noted Hollywood film director, not because he's rich, famous, European, or any other reason, except one...

    I cannot begin to even imagine the agony, the mental torture, of having your beautiful, pregnant wife and three of her friends brutally murdered. I cannot imagine living my life knowing that my lovely deceased wife was forevermore linked with one of the most notorious psychopathic murderers in American history.

    I do imagine, however, that having that happen to me would - for lack of a better term - screw my head up something fierce!

    And for that reason, and that reason alone, I'd consider leniency for Roman Polanski.

    America has lived without Roman Polanski for over 30+ years. Exile him from the United States, and let him never return.

    IMHO - That would be justice served.
    You think that receiving no penalty (he doesn't exactly want to come back) is a fair punishment for forcibly raping a child simply because some bad **** happened to him in the past?

    I'd bet that the majority of rapists and murderers had a parent who beat or sexually abused them starting when they were kids or had a family member who was murdered. Hell, I bet there are probably a few thousand people in prison who saw a loved one raped or killed right before their eyes. Should they all have gotten off with a slap on the wrist as well?
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    Re: Should Roman Polanski be punished for his crime?

    Quote Originally Posted by RightinNYC View Post
    You think that receiving no penalty (he doesn't exactly want to come back) is a fair punishment for forcibly raping a child simply because some bad **** happened to him in the past?

    I'd bet that the majority of rapists and murderers had a parent who beat or sexually abused them starting when they were kids or had a family member who was murdered. Hell, I bet there are probably a few thousand people in prison who saw a loved one raped or killed right before their eyes. Should they all have gotten off with a slap on the wrist as well?
    No, what I'm saying is that there are different levels of punishment for every crime, and that one of the fundamental concepts of justice is that the punishment should not only be appropriate for the crime that was committed, but should also be appropriate for the criminal.

    These aforementioned murderers and rapists you speak of, I wonder... how many of them had their mother killed in Auschwitz? How many of them had their deceased loved ones not only forever linked with America's most notorious murderer, but also had to sit idly by and watch that same murderer become a pop culture figure that is brazenly glorified in some circles? How many of them live with the knowledge that the crime scene photographs of their wife's murder are available on the Internet, available to anyone, anywhere, anytime? (I kid you not about that last comment - Click Here and see what I mean.) WARNING: BRUTALLY GRAPHIC PHOTOGRAPH!!

    As I said previously - if there's any one person in the world that I could show a little sympathy and compassion toward for what they'd done to an underage child... it would be Roman Polanski.
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  9. #299
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    Re: Should Roman Polanski be punished for his crime?

    Quote Originally Posted by SpotsCat View Post
    No, what I'm saying is that there are different levels of punishment for every crime, and that one of the fundamental concepts of justice is that the punishment should not only be appropriate for the crime that was committed, but should also be appropriate for the criminal.

    These aforementioned murderers and rapists you speak of, I wonder... how many of them had their mother killed in Auschwitz? How many of them had their deceased loved ones not only forever linked with America's most notorious murderer, but also had to sit idly by and watch that same murderer become a pop culture figure that is brazenly glorified in some circles? How many of them live with the knowledge that the crime scene photographs of their wife's murder are available on the Internet, available to anyone, anywhere, anytime? (I kid you not about that last comment - Click Here and see what I mean.) WARNING: BRUTALLY GRAPHIC PHOTOGRAPH!!

    As I said previously - if there's any one person in the world that I could show a little sympathy and compassion toward for what they'd done to an underage child... it would be Roman Polanski.
    So past trauma = no punishment for raping a child? Being victimised should not entitle one to victimise others. I've no doubt Polanski has suffered in his life, but that's no excuse for the sufering he inflicted on that poor girl. Do you think the knowledge that his wife had been murdered (and I fail to see how her's being a high profile case makes the slightest bit of difference to the punishment this child rapist deserves) made her trauma even the slightest bit easier to deal with?
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  10. #300
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    Re: Should Roman Polanski be punished for his crime?

    Didn't Samantha Geimer ask for the charges to be dismissed? That should be basis enough to dismiss the charges.

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